Excerpt: ...nspection of the judgment -roll, i.e., the face of the record as opposed to extrinsic evidence. (Trackman v. Kenney (2010) 187 Cal. App. 4th 175, 181.) This distinction may impact the procedural mechanism available to attack the judgment or order, when the judgment or order may be attacked, and how the party challenging the judgment or order proves that the judgment is void. (Pittman v. Beck Park Apartments Ltd. (2018) 20 Cal. App. 5th 1009, 1020...

Excerpt: ...imite d insurance coverage to protect against uninsured drivers or driver's whose insurance is insufficient to pay for the injuries or damage caused. Ins. Code, § 11580.2 Insurance protecting against a vehicle with no liability insurance is called “uninsured mot orist” (UM) coverage, and insurance protecting against a vehicle with limited liability insurance coverage is called “underinsured motorist” (UIM) coverage. Recovery under UM...

Excerpt: ... Kodaka, I nc., Kodania, Inc., Eiwa International, Inc., Apex Seafood, Inc., Ocean Green Seafood Inc., Blue Marine Seafood, Inc., Jade Equities, LLC, Shujen Ho, aka Jane Ho, and Chingying Chen (collectively, “Responding Defendants”) was electronically served on two s elf-represented litigants, Eiji Ota and Katoko Ota. It does not appear these two self -represented litigants affirmatively consented to electronic service. (Cal. Rules of Ct., Ru...

Excerpt: ...th 1236, 12631264, emphasis added.) Here, Petitioner claims injury on January 25, 2023. For claim filing purposes, six months means the longer of six calendar months or 182 days. (City of Pasadena v. Sup.Ct. (Jauregui) (2017) 12 CA5th 1340, 1346, fn. 4; Gonzales v. C ounty of Los Angeles (1988) 199 CA3d 601, 604). Six months from this date is July 25, 2023. Leave to file a late claim must be requested within a “reasonable time” and in no ev...

Excerpt: ... A. Ju dgment Creditor can correct its name. A court of general jurisdiction has the power, after final judgment and regardless of lapse of time, to correct clerical errors or misprisions in its records, whether made by the clerk, counsel, or the court itself, so that the records will conform to and speak the truth. (Estate of Goldberg (1938) 10 Cal.2d 709, 713.) This inherent power is confirmed by statute. “The court may, upon motion of the ...

Excerpt: ...(Law Offices of David S. Karton v. Segreto (2009) 176 CA4th 1, 9— § 1286 is mandatory in this respect.) A court has the power to vacate or correct an arbitrator's award on specific grounds. (CCP § 1286.) Unless a petition to correct or vacate the award has b een timely filed, the court must render a judgment confirming the arbitrator's award. [See CCP § 1286 —“the court shall confirm the award as made …”; see also Valsan ...

Excerpt: ...f the petition. Code Civ. Proc. § 1290.6. Respondent Shrier has not filed a r esponse to the petition. Nor was any opposition filed despite the prior motion for continuance, and continuance granted, for purposes of filing an opposition. A petition to confirm an arbitration award must: (1) set forth the substance of or attach a cop y of the arbitration agreement; (2) set forth the name of the arbitrators; and (3) set forth or attach a copy of...

Excerpt: ... Company, Ford Motor Credit Company, LLC and Safeco Insurance Co mpany of America join the petition. The petition is granted in part and denied in part as discussed in detail below. The petition is granted as to Defendant Autonation Ford Tustin but denied as to the 5th cause of action for violation of the CLRA to the extent this claim seeks public injunctive relief. The joinder is granted as to Defendants Ford Motor Company, Ford Motor Credit Com...

Excerpt: ...Exhs., Exh. 2].) The settlement agreement provides, in relevant part, that: “No later than 45 days after execution of this Settlement Agreement, the Parties will jointly cooperate and cause to be performed the below described work of improvement for the mutual benefit of their adjoining Properties (the ‘Re medial Work')…” These competing motions were filed after the parties failed to “jointly cooperate” to cause the Remedial Work to...

Excerpt: ...ion consistent with the provisions of the arbitration agreement . The POS in this matter shows service by mail and email but absent an agreement to the contrary such service would not be code -compliant. However, respondent's counsel appeared at the prior hearing mooting the issue of service. Code Civ. Proc. §410.5 0; In re Marriage of Obrecht (2016) 245 Cal.App.4th 1, 7 -13 (finding appearance at hearing to be general appearance where no objec...

Excerpt: ...earing shall name as respondents all parties to the arbitration, and othe rs bound by the award (Civ. Proc. Code, § 1285), and must set forth the grounds on which the request is made. (Civ. Proc. Code, § 1285.8). The petition must also set forth the substance of the arbitration agreement or have a copy attached, name the arbitra t o r, and set forth or have attached a copy of the award and the arbitrator's written opinion, if any. (Civ. Pro...

Excerpt: ...th Code Civ. Proc. §1290.4. The basic provisions of the California Uninsured Motorist Act are embodied in Ins. C. §§ 11580.2 - 11580.5. California Insurance Code § 11580.2 requires insurers to provide coverage for bodily injury or wrongful death caused by uninsured or underinsured motorists. Subdivision (f) of § 11580.2 provides that if the insurer and the insured cannot agree whether the insured is legally entitled to recover damages from a...

Excerpt: ...quested amended judgment. Recovery of Attorneys' Fe es by Memorandum of Costs rather than Motion for Attorneys' Fees Typically, recovery of attorneys' fees that requires the court decide prevailing party or amount must be sought by way of a noticed motion. Plaintiff contends that this general rule does not apply here because she is seeking recovery of fees she is entitled to by statute. Code Civ. Proc. §1033.5 provides for the recovery of attorn...

Excerpt: ...re is generally followed. First, it is determined whether the plaintiff may bring the suit and force the claimants to interplead. Second, if it is so determined, then the court will discharge the plaintiff from liability and “the action may proceed for the determination of the rights of the various claimants to the property which is then in the custody of the court.” (Weingetz v. Cheverton (1951) 102 Cal.App.2d 67, 80.) Once a judge determine...

Excerpt: ...ion to compel arbitration. As an initial matter, the Court notes it is unclear whether service on respondent Dan Nguyen aka Dan Ngoc Nguyen aka Huu Dan The Nguyen (“Nguyen”) by mail and certiÞed mail with return receipt requested is proper. Petitioner previously represented to the Court that Nguyen no longer maintained a mailbox at the address where the current petition was mailed. (Diaz Decl. in Support of Application for Order for Service ...

Excerpt: ...an v. White (2021) 71 Cal.App.5th 358, 371—“[C]ompliance with the statutory procedures for service of process is essential to establish personal jurisdiction. Thus, a default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void” (internal quotes and citation omitted).] A defendant is under no duty to respond in any way to a defectively served summons. It makes no di
¯erence that...

Excerpt: ... June 27, 2023 and denied the notice to deem related. [ROA 45] Also on November 15, 2023, the Naylonnavarette court (C32) issued a minute order and denied her ex parte application to relate the cases based on the minute order issued by the Nguyen court (C18). [2023-1322713, ROA 57] This motion ollowed. As a general proposition, one Superior Court judge is not permitted to reconsider an order o another Superior Court judge. The power o a judge ...

Excerpt: ...blitt (2014) 223 Cal.App.4th 104, 1026 [citing Witkin Cal. Proc. (5th ed. 2008) Judgment, §67 for the proposition that “[a] court of general jurisdiction has the power, after Þnal judgment, and regardless of lapse of time, to correct clerical errors or misprisons on its records, whether made by the clerk, counsel, or the court itself, so that the records will conform to and speak the truth”].) Where a “clerical error” is shown, the judg...

Excerpt: ...iously complete construction. Plaintiff's request for judicial notice is granted as to Exs. A, B, Q, and R. Evid. Code S452(c), (h). The request is unnecessary as to the remaining exhibits. "The substantive issues inwlved in a contempt proceeding are (1) the rendition of a valid order, (2) actual knowledge of the order, (3) ability to comply, and (4) willful disobedience. (Weil & Brown, supra, pars. 9:337—9:340.)" Conn v. Superior Court (1987) ...

Excerpt: ...ty trimmed to a height not to exceed that of the wall and the Court will retain jurisdiction to enforce the height limitations placed on Defendant's shrubs. As an initial matter, the Court notes Defendant's proof of service showing the notice and moving papers were served by email on Plaintiff Kevin Mueller ("Plaintiff") and Defendant's proof of service for Defendant's reply did not include the server's email address. (Code Civ. Proc., S 1013b, s...

Excerpt: ...ght to payment due or to become due, in rents, refunds, commissions, etc., from all entities and individuals, including but not limited to Belmont Asset Solutions, LLC ("Belmont"), and for an order restraining Defendant Yuri from encumbering, disposing etc. his rights to payment thereunder. "Except as otherwise provided by law, upon application of the judgment creditor on noticed motion, the court may order the judgment debtor to assign to the ju...

Excerpt: ...0 status conference; and, [2] that there was “court error” by Judge Crandall for dismissing the case (without prejudice) when Pe
Ÿ
Ÿoner was not present at the 10/26/20 hearing and for (erroneously) sta
Ÿng in his minute order that the “Mo
Ÿon to ConÞrm the Arbitra
Ÿon Award was previously granted.” Pe
Ÿ
Ÿoner further contends that, “once the case is revised and an appealable judgment is signed by this court,” he “has an ade...

Excerpt: ...tration Agreement, before arbitration can be compelled. (See 9 U.S.C. 52 and C.C.P. 51281.2). "If a party to a civil action asks the court to compel arbitration of the pending claim, the court must determine in a summary proceeding whether an 'agreement to arbitrate the controversy exist" (Ivere v. Wise Auto Group (2023) 87 Cal.App.5th 747, 754.) "Because the existence of the agreement is a statutory prerequisite to granting the petition, the pet...

Excerpt: ...ia judgment immediately entered thereon. The judgment so obtained is fully enforceable in California (subject generally to a 30-day stay after service of notice of entry on the judgment debtor. (Conseco Marketing, LLC v. IFA & Ins. services, Inc., (2013) 221 cal. App. 4th 831, 837-838—SSMJA provides expeditious and economical registration procedure for enforcing sister state money judgments; Washoe Develop. Co. v. Guaranty Fed'l Bank (1996) 47 ...

Excerpt: ...uffers from a number of disabilities including mental." Under Code of Civil Procedure section 372, subdivision (a)(l), "[wlhen a person who lacks legal capacity to make decisions, that person shall appear either by a guardian or conservator of the estate or by a guardian ad litem appointed by the court in which the action or proceeding is pending, or by a judge thereof, in each case." '"Incapacity is merely a legal disability, such as infancy or ...