Excerpt: ...he hear i n g . C od e C i v. Proc. § 1 2 9 0 .2 . Wh ere th e a rb itrati on ag ree men t d oes n ot p rov i d e t h e m an n e r in which service shall be made and the person on whom service is to be made has not previously appeared in the proceeding and has not previously been served in a ccordance with section 1290.4(a) of the Code of Civil Procedure, for service in California the petition and notice of hearing must be served in a manner pro...

Excerpt: ...ward time ly filed. The Court heard these Motions on 3/28/24 but continued the hearing to allow for further briefing on Petitioner's new argument made for the first time at the hearing. (ROA 47) Petitioner argued that the Motion to Quash should be denied because th e "general appearance" waived any objection to jurisdiction made in Respondents' Motion to Quash. The Court now considers that briefing in addition to the original brie...

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: ...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: ...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: ...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 ...

Excerpt: ...ess the arbitration award is corrected or vacated, "the court shall confirm the award as made." (Code Civ. Proc. S 1286.) The petition shall (1) set forth the substance of the arbitration agreement or attach a copy thereof, (2) set forth the name of the arbitrator(s), and (3) set forth or attach a copy of the award and the written opinion of the arbitrator(s), if any. (Code Civ. Proc. S 1285.4.) "If an award is confirmed, judgment shall be entere...

Excerpt: ...add additional judgment debtors. The theory underpinning this procedure is that the court is not really amending the judgment, but is merely inserting the correct name of the real defendant. [NEC Electronics Inc. v. Hurt (1989) 208 Cal. App. 3d 772; McClellan v. Northridge Park Townhome Owners Ass'n, Inc., (2011) 89 Cal. App. 4th 746, 107.1 A noticed motion is required to amend a judgment under Code of Civ-l Procedure section 187. (Wells Fargo Ba...

Excerpt: ...ce to a hearing or the of a hearing could located within any of the submitted papers and no local regulation has been identified, which requires the same. Based on the above, it is unclear whether this Petition has been submitted under the correct authority or whether the Petition is premature. To the extent a hearing is required and remains pending, the action is premature, asa "final administrative order or decision" has not yet been made. (Cod...

Excerpt: ...ce with this section, '[al final judgment in one State, if rendered by a court with adjudicatory authority over the subject matter and #rsons governed by the judgment, qualifies for recognition throughout the land... [Citation.]'" (WV 23 Jumpstart, LLC v. Mynarcik (2022) 85 Cal.App.5th 596, 604-605 (Mynarcik).) "'In 1974, "[plartially in response to the constitutional mandate of full faith and credit, the California Legislature enacted the Sister...

Excerpt: ...Respondent's "objection" to Petitioner's reply as it appears to be an unauthorized sur-reply rather than a true evidentiary objection. Upon the granting of the petition to compel arbitration, the court will appoint an arbitrator. Code Civ. Proc. S 1281.6. Within seven days of the order granting the petition to compel arbitration, the parties are to submit a joint list of arbitrators. If a party is unresponsive or uncooperative, the other party ma...

Excerpt: ...ifornia Rules of Court ("CRC"), rule 3.403(b) provides, in relevant part: "[w]ith or without a hearing, the court may decide on its own motion, or on a noticed motion by any party, that a civil action is a complex case ... CRC, rule 3.4W(b) sets forth a non- exhaustive list of factors for the court to consider in deciding whether an action is a complex case, and provides: In deciding whether an action is a complex case under (a), the court must c...

Excerpt: ... a timely claim is a condition precedent to the commencement of suit against the public entity. If the six-month deadline for filing the claim is missed, the person may apply to the public entity for leave to file a late claim, provided that the application is made within one year of the accrual of the cause of action. (ld., S 911.4, & If the public entity rejects the application, the person may petition the superior court under section 946.6 for...

Excerpt: ...ses an absolute obligation on the insured to comply with its mandates or else the insured forfeits his claim." (Blankenship v. Allstate Co. (2010) 186 Cal.App.4th 87, 94.) "Despite the statute's overall remedial purpose, the statutory language clearly shows that the Legislature intended to impose strict prerequisites and time limits for claims involving uninsured motorists." (Juarez v. 21st Century Ins. Co. (2003) 105 Cal.App.4th 371, 377.) The f...

Excerpt: ...Lee directly to Judgment Creditors until the judgment, plus all accrued post-judgment interest and post-judgment costs, is paid in full; and (3) an order foreclosing Lee's interest in Wealth Space is granted in part and denied in part. As an initial matter, the Court notes both Lee and WellMed Global LLC opposes the motion. However, Lee testified that WellMed is a defunct entity and has not shown WellMed may properly oppose this motion. (Lee Decl...

Excerpt: ...on appeal, including attorney's fees is governed by Rules of Court, rule 8.278. "Except as provided in this rule or by statute, the party prevailing in the Court of Appeal in a civil case other than a juvenile case is entitled to costs on appeal." (Rules of Court, rule 8.278(a)(1).) "The prevailing party is the respondent if the Court of Appeal affirms the judgment without modification or dismisses the appeal." (ld., rule 8.278(a)(2).) "Unless th...

Excerpt: ...thin 30 days of notice of this Order. Debtor is also ordered to provide all responsive documents within the same timeframe. Debtor Gabriel is also ordered to pay Creditor's Counsel $791 in attornevs fees as a discovery sanction. Legal Standard A judgment creditor may conduct discovery directly against the judgment debtor by means of a judgment debtor examination (S 708.110), written interrogatories (S 708.020), and requests for production of docu...

Excerpt: ...d. [CCP S 1286; 9 USC S 9; see Loeb v. Record (2008) 162 CA4th 431, 450 (citing text.)] Unless a petition to correct or vacate the award has been timely filed, the court must render a judgment confirming the arbitrator's award. [See CCP S 1286—"the court shall confirm the award as made see also Valsan Partners Ltd. Partnership v. Calcor Space Facility, Inc. (1994) 25 CA4th 809, 818—no authority to alter terms of award absent petition to corre...

Excerpt: ...ies submitted additional briefing. (ROA No. 86 and 94.) This is a special proceeding under CC 2924j et seq. " 'An action is an ordinary prueeding in a court of justice by which one party prosecutes another for the declaration, enforcement, or protection of a right, the redress or prevention of a wrong, orthe punishment ofa public offense.' (Code Civ. Prtw, S 22.) [q] A 'special proceeding' is '[e]very other remedy. (Code Civ.Proc., S 23.)" (Agric...

Excerpt: .../22 CMC. (ROA 57). The Court ruled in relevant part: "The Court orders plaintiffs counsel into court. Failure to comply may necessitate the implementations of sanctions or dismissal of the case." (ROA 57). The Clerk served notice of the Order on 3/30/22 to the same address listed on the Substitution of Counsel form. (ROA 58). Plaintiff's Counsel again failed to appear at the 4/25/22 CMC. (ROA 61). The Court ruled in relevant part: "The Court orde...

Excerpt: ...aid in settlement is an unlawful penalty. See Graylee v. Castro (2020) 52 Cal.App.5th 1107, 1118; Vitatech Internat., Inc. v. Sporn (2017) 15 Cal.App.5th 796; Creditors Adjustment Bureau, Inc. v. Imani (2022) 82 cal.App.5th 131, 135—136; and Gormley v. Gonzalez (2022) 84 cal.App.5th 72, 82, 89. Otherwise, the motion meets the requirements of Code Civ. Proc. S 664.6. Code Civ. Proc. S 664.6 provides: "If parties to pending litigation stipulate, ...

Excerpt: ... an award must be served and filed at least 10 days, and no later than four years, after service of the award on the petitioner. (CCP SS 1288, 1288.4) Here, the final arbitration hearing took place on 5/23/23 before (Ret.) Judge Chaffee. He then issued the Award on 6/9/23 in the amount of $6,070.673.71 against Respondent. The Award was served on 6/9/23 by email and certified mail. The Petition to Confirm was timely filed on 6/22/23 after 10 days ...

Excerpt: ..., a joint venture comprising of Moffatt & Nichol, H.W. Lochner, lnc„ and Arup North America, LTD As an initial matter, the Court notes Petitioner did not file a prtnf of service showing the petition and notice of hearing were properly served on Respondent served and filed a timely opposition, without objecting to service. In addition, the proofs of service for the notice of hearing and the reply did not include the server's email address and th...

Excerpt: ...opposed the petition without objecting to service. In addition, Petitioner's reply brief is 12 pages long. (Cal. Rules of Ct., Rule 3.1113(d).) The Court exercises its discretion and declines to consider the last two pages of Petitioner's reply. Petitioner named all respondents, attached a copy of the arbitration agreement, stated the name of the arbitrator, and included a copy of the award. (Code Civ. Proc., SS 1285 and 1285.4; Petition, Section...

Excerpt: ...ision (a), the Court finds that service was sufficient, as: (1) The Petition was personally served on Respondent. (913 of Madrid Declaration and Exhibit 5 thereto [ROA No. 211); (2) has not objected to service. (915 of Madrid Declaration [ROA No. 21]); and (3) Respondent has appeared in this action. (See ROA No. 12 and Fireman's Fund Ins. Co. v. Sparks Construction, Inc. (2004) 114 Cal.App.4th 1135, 1145.) Further, while "[a] demand for arbitrati...

Excerpt: ... 2.) The party in interest, James Manry ("Claimant"), filed a Claim Opposing Forfeiture on October 8, 2021, (ROA 9), but has not opposed this motion. The Court notes that Claimant has waived any right to a jury trial. (Code Civ. Proc., S 631, subd. (b); People v. $17,522.08 united states currency (2006) 142 cal.App.4th 1076, 1079-1083.) Further, Claimant has not opposed proceeding by a moton for summary judgment, based on the admissions deemed ad...

Excerpt: ...urt, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement." (Code Civ. Proc., 5564.6, subd. (a).) This provision "provides a summary procedure to enforce a settlement agreement by entering judgment pursuant to the terms of the settlement." (Hines v. Lukes (2008) 167 Cal.App.4th 1174, 1182.) Here, the parties entered into a "Settlement Agreement and General Release" in May ...

Excerpt: ... is ordered to provide initial responses without objections to Requests for Production of Documents, Set One, and provide all responsive documents within 30 days of notice of this Order. Legal Standard Health & Safety Code, SS 114769 to 11495 set forth a detailed procedure for the seizure and forfeiture of specified property traceable to unlawful drug transactons. Forfeiture proceedings involving property seized in connection with criminal offens...

Excerpt: ..., trespassing onto, or interfering with the Receiver's possession, clean out work and remediation of the Property, is granted. Relevant Facts This action was initiated on September 13, 2022, by Petitioner the City of Westminster against Respondents Dianna E. Webb, Bank of America, N.A„ Kin'Ole Hawaii Kai Solar and Sunrun, Inc. The Petition seeks the appointment of a Receiver, for the purpose of abating substandard building conditions located at...

Excerpt: ...e terms of the settlement." (Code Civ. Proc. S 664.6, subd. (a).) Here, Plaintiff proffers evidence it entered into a settlement agreement with Defendants Charles R. Brewer and Cavalier Ventures, Inc., as reflected in a written Stipulation For Entry of Judgment (the "Stipulation"). (ROA 216 [Berke Decl. at 2, Exh. A1.) The Court retains jurisdiction to enforce the terms of the settlement in the Stipulation. (ROA 172.) Among other terms, the Stipu...

Excerpt: ... on appeal must be claimed and contested pursuant to Judicial Council rules]. As a general rule, the party “prevailing” on appeal is entitled to recover costs on appeal. [CRC 8.278(a)(1)]. Here, the Court of Appeal held that Defendant was the prevailing party: “Respondent is to recover its costs on appeal.” (ROA 446). The actual assessment and recovery of costs occurs in the trial court, in accordance with the procedure prescribed by CRC ...

Excerpt: ...edite the case, keep costs reasonable, and promote effective decision making by the court, the parties, and counsel.” (Cal. Rules of Court, rule 3.400(a).) Relevant herein, among the factors to be considere d i n d e c i d i n g w h e t h e r a n a c t i o n i s c o m p l e x , is whether an action is likely to involve “[n]umerous pretrial motions raising difficult or novel legal issues that will be time-consuming to resolve” and “[m]anag...

Excerpt: ...ortium claims. The court notes that in the prior Motion heard on 7/27/23, Respondents represented that they intended to seek a transfer of this action to a different venue. (ROA 8, fn. 1). No motion to transfer venue has been filed. However, venue rules are not jurisdictional. This means that if the action is filed in an “improper” court, and no objection is raised, that court can render an enforceable judgment. (Barquis v. Merchants Collecti...

Excerpt: ...d her counsel, Daniel Park. “Disobedience of any lawful judgment, order, or process of the court” is contempt of the authority of the court. (Code Civ. Proc., § 1209, subd. (a)(5).) “The substantive issues involved 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.” (Conn v. Superior Court (1987) 196 Cal.App.3d 774, 784.) “A contempt p...

Excerpt: ...errogatories [ROA #37]; 3. to compel verified responses without objections to Requests for Production of Documents (“RFPs”) [ROA #38]; and 4. to deem admitted the RFAs served on Respondent and ordering her to pay sanctions of $572. [ROA #39.] As to motion no. 1, Petitioner's counsel should be prepared at the hearing to confirm whether or not responses to the Form Interrogatories were, in fact, previously served. Motion no. 2 is denied. Motion...

Excerpt: ...rd Services, N.A. sued Defendant James T. Hoang for account stated/ money lent. (ROA 1) Defendant never appeared in this case. But shortly after being served, the parties settled this matter. On 4/11/12, Plaintiff filed a Notice of Settlement. (ROA 9) On 3/27/13, Plaintiff filed a Notice of Dismissal, which included the following language: “However, court retains jurisdiction over the parties to enforce the settlement until performance in full ...

Excerpt: ...442, 452.] Defendant Judgment Creditor, The Regents of the University of California's motion for order awarding post-judgment costs is denied as untimely. The court did not consider Judgment Debtor's unauthorized and untimely supplemental filing. General Law for Recovery of Post-Judgment Enforcement Fees A judgment creditor is entitled to the reasonable and necessary costs of enforcing a judgment. Civ. Proc. Code § 685.040. Attorney's fees incur...

Excerpt: ...eks an order charging Judgment Debtor's membership interest in Keystone Industries LBC, LLC with payment of the unpaid balance of the outstanding Judgment entered on 12/9/20, which amounts to $439,928.70. As evidence to support the motion, Judgment Creditor attaches the Judgment, and states that $7,301.59 has been paid on the judgment, and the current balance with interest is $439,928.70 as of 4/8/23. (Miller Decl., ¶¶ 2, 4, Ex. A.) Counsel dec...

Excerpt: ...due 10 calendar days before the hearing. Plaintiff George Ferguson's motion for attorneys' fees is granted in the amount of $72,586.40. In a partition action, “the court shall apportion the costs of partition among the parties in proportion to their interests or make such other apportionment as may be equitable.” (Code Civ. Proc., § 874.040.) The costs of partition include, among other items, the “[r]easonable attorney's fees incurred or p...

Excerpt: ... “Respondents” or “LITALIEN”) to include additional sums for Petitioners as follows: (1) Expert costs of $81,988.80; (2) Arbitration fees of $63,471.95; and (3) Attorney fees incurred in defense of the LITALIEN's claims of $100,000 (based on 500 attorney hours at a reduced billing rate of $200/hour). Petitioners also seek an order confirming the Amended Final Award (which grants BBC the sum of $162,712.39[1]) “as corrected” which woul...

Excerpt: ...Total costs awarded on Defendants pre-appeal memorandum of costs [ROA #237] are $6,412.03. The prevailing party in any civil action is entitled to recover costs as a matter of right. Code Civ. Proc. §1032. To claim those, the prevailing party must file and serve a memorandum of costs within 15 days from the date the clerk (or any party) mails out notice of dismissal or entry of judgment. CRC 3.1700; Daniels v. Robbins (2010) 182 Cal. App. 4 th 2...

Excerpt: ... Insurance Company (in Texas); (5) Athens Administration; (6) State Farm Mutual Automobile Insurance Company (in Georgia); (7) Broadspire Insurances Services (in Georgia); (8) Gallagher Bassett Services, Inc. (in Illinois); and (9) CorVel Corporation. Petitioner is awarded sanctions of $1,200 against Respondent pursuant to Code Civ. Proc. § 2023.101(b), (c), and (i). Any party to the action or the witness may bring a motion to quash a subpoena a...

Excerpt: ...on March 28, 2023, (ROA 1815, 1816.) ROA 1815 was directed against L&B, and ROA 1816 was directed against Bennett. The motion has since been withdrawn to the extent it seeks to tax costs in the memorandum of costs against Bennett, (ROA 1816). (ROA 1830.) Thus, the only issue remaining is whether the court should tax $299,743.55 in attorneys' fees, claimed as costs against L&B, only, on the grounds that the court struck these fees when it granted ...

Excerpt: ...etitioner to file a proof of service in compliance with CCP sections 1290.4 and 1293. Section 1290.4, subdivision (a) requires that “ [a] copy of the petition and a written notice of the time and place of the hearing thereof and any other papers upon which the petition is based shall be served in the manner provided in the arbitration agreement for the service of such petition and notice.” (Italics added.) Subdivision (b) provides that if an ...

Excerpt: ... notes Respondent did not submit a proof of service showing Respondent's opposition and objections were properly served on Petitioner. Petitioner timely served and filed a reply without objecting to service. Accordingly, subject to Petitioner's objection regarding Respondent's service of the opposition papers, the petition is granted for the reasons below. Respondent's objection to Smith's Declaration, paragraph 8 and Exhibit 15 is sustained. Res...

Excerpt: ... brought against a government entity (or against a government employee acting in the scope of employment) unless and until a timely claim has been presented pursuant to the Government Claims Act (Gov. Code § 810 et seq.) and either acted upon or deemed rejected by the passage of time. (Gov. Code §§ 945.4, 950.2, 912.4; see DiCampli-Mintz v. County of Santa Clara (2012) 55 C4th 983, 989-990; Le Mere v. Los Angeles Unified School Dist. (2019) 35...

Excerpt: ...o plaintiffs. In 1992, § 473 was amended and the words "or dismissal" added to subdivision (b)(2). It appears that this phrase was added to the statute to give parity to plaintiffs whose attorneys' neglect, surprise, or inadvertence caused them to lose the opportunity to pursue their cases. [See Assem. Com. on Judiciary, Analysis of Assem. Bill No. 3296 (1991-92 Reg. Sess.] as amended May 4, 1992, p. 2 [“The State Bar is the source of [this] p...

Excerpt: ...ode 946.6(f); see Ard v. county of contra costa (2001) 93 CA4th 339, 343.) A. Background Facts On April 14, 2022, at approximately 7:45 p.m., Petitioner was a passenger in a vehicle that was struck from behind by an OCTA bus at the intersection of 17th Street and Broadway in the City of Santa Ana. The bus was driven by Respondent Mr. Kilstrom. Petitioner hired Purcell Law prior to the expiration of the six months claim deadline. (Purcell Decl., 1...

Excerpt: ... the descriptions of the real properties described in Exhibit 1 of the judgment, the court will ask Plaintiffs' counsel to confirm whether Defendants and Brookfield Sacramento were served with notice of the current hearing. If service and notice is confirmed, the court is inclined to grant the motion and grant the request for judicial notice as to nos. In summary, the recommendation is to grant the request for judicial notice as to nos. 1, 2, 4, ...

Excerpt: ...ompleted (i.e., the last stage being publication of the notice of seizure) to file a claim. Subsection (b)(l) goes on to state: "If at the end of the time set forth in subdivision (a) there is no claim on file, the court, upon motion, shall declare the property seized or subject to forfeiture pursuant to subdivisions (a) to (g), inclusive, of Section 11470 forfeited to the state. In moving for a default judgment pursuant to this subdivision, the ...

Excerpt: ...fendants Martin Fern and Linda Taylor-Fern, individually and as trustees of the Taylor-Fern Family Trust, and First Realm, LLC is GRANTED. "As used in [Code of Civil Procedure section 1032], unless the context clearly requires otherwise: (1) 'Complaint' includes a cross-complaint (2) 'Defendant' includes a cross- defendant, a person against whom a complaint is filed, or a party who files an answer in intervention. (3) 'Plaintiff' includes a cross...

Excerpt: ... g, 2021, judgment for possession of the Premises was entered in favor of Plaintiff in the UD Action. (RJN, Ex. G.) On June 2, 2021, this action was filed against Defendant. (ROA 2) Tsoi failed to answer the complaint or appear. Default was entered on 8/16/21. (ROA 11) Wong appeared and filed an answer but the faced sanctions striking all affirmative defenses for failure to participate in discovery. (ROA 15, 57.) Defendants acknowledge that they ...

Excerpt: ...ng papers to set forth specific facts showing good cause justifying the discovery sought by the inspection demand. To establish "good cause," the burden is on the moving party to show both: (1) relevance to the subject matter (e.g., how the information in the document would tend to prove or disprove some issue in the case); and (2) specific facts justifying discovery (e.g., why such information is necessary for trial preparation or to prevent sur...

Excerpt: ... of the person or persons who will perform the examination...and be accompanied by a meet and confer declaration under Section 2016.040." (Code Civ. Proc., S 2032.310(b).) The moving party must show good cause for the mental examination. (Code Civ. Proc., S 2032.320(a).) If the Court grants the motion, the order "shall specify the person or persons who may perform the examination, as well as the time, place, manner, diagnostic tests and procedure...

Excerpt: ... settlement is an unlawful penalty. See Graylee v. Castro (2020) 52 Cal.App.5th 1107, 1118; Vitatech Internat., Inc. v. Sporn (2017) 16 Cal.App.5th 796; Creditors Adjustment Bureau, Inc. v. Imani (2022) 82 Cal.App.5th 131, 135-136; and Gormley v. Gonzalez (2022) 84 cal.App.5th 72, 82, 89. Otherwise, the motion meets the requirements of Code Civ. Proc. S 664.6. Code Civ. Proc. 664.6 provides: "If parties to pending litigation stipulate, in a writi...

Excerpt: ...etween the Members, whether or not resulting in litigation, the prevailing party shall be entitled to recover from the other party all reasonable costs, including, but not limited to, reasonable attorneys' fees and costs." (Lewis Decl., II 13, Ex. 3.) Petitioners request fees that were incurred in connection with both their Petition to Confirm the Arbitration Award, and Respondent's subsequent appeal. California Rules of Court, Rule 3.1702 (b)(l)...

Excerpt: ...nership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818—no authority to alter terms of award absent petition to correct; Weinberg v. Safeco Ins. Co. (2004) 114 Cal.App.4th 1075, 1083-1084 (disapproved on other grounds by Barnett v. First Nat'l Ins. Co. of America (2010) 184 cal.App.4th 1454, 1460-1461.) Here, the Petition is timely brought pursuant to CCP S 1288 and CCP 1288.4 (no sooner than 10 days, nor later than four years, af...

Excerpt: ...and (iii) holding him in contempt [ROA #521), is granted in part and denied in part. Order Compelling Production According to Judgment Creditor's motion, it is focused on Judgment Debtor's credit card statements. Most importantly, Defendant did not produce any of his Chase Bank or Capital One credit card records at his Judgment Debtor Exam. These documents are crucial because Defendant claims to have made no income in the last five years, but som...

Excerpt: ...On October 6, 2022, the Court ordered Claimant to respond to provide initial responses to Form Interrogatories, Set One, and Special Interrogatories, Set One, without objections within 30 days of notice. (ROA 18) The People served a Notice of Ruling served on October 7, 2022, notifying Claimant of the Court's Order. (Mosh Decl., Ex. 1.) Claimant never provided responses. (Mosh Decl., ¶7.) Further, he has failed to oppose this Motion. Legal Stand...

Excerpt: ...ast stage being publication of the notice of seizure) to file a claim. Subsection (b)(1) goes on to state: “If at the end of the time set forth in subdivision (a) there is no claim on file, the court, upon motion, shall declare the property seized or subject to forfeiture pursuant to subdivisions (a) to (g), inclusive, of Section 11470 forfeited to the state. In moving for a default judgment pursuant to this subdivision, the state or local gove...

Excerpt: ...atter was returned from the Court of Appeal with the trial court's order granting a new trial on all issues affirmed, the Presiding Judge reassigned the case to Judge Deborah C. Servino in Department C21. Defendants and Cross-Complainants did not object to the reassignment at that time. Rather more than two years later on December 20, 2022, they filed a motion to reassign case for trial. The motion is premised on their contention that the perempt...

Excerpt: ...espondent Fernando Vergel Dedios' further verified responses to special interrogatories is also denied as moot. It appears from Petitioner's notice of Non-Opposition that adequate further responses were served to all of the interrogatories at issue on 11/16/22. (ROA 33, at 3:15-17.) As a result, the motions are moot, except for the issue of sanctions, which is discussed below in connection with all three discovery motions. (1) MOTION TO COMPEL FU...

Excerpt: ...itration agreement alleging the existence of a written agreement to arbitrate a controversy and that a party thereto refuses to arbitrate such controversy, the court shall order the petitioner and the respondent to arbitrate the controversy if it determines that an agreement to arbitrate the controversy exists, unless it determines that: (a) The right to compel arbitration has been waived by the petitioner; or (b) Grounds exist for the revocation...

Excerpt: ...86) 186 Cal.App.3d 1006, 1010). “However, the privilege may not be asserted by merely declaring that an answer will incriminate [citation removed]; it must be ‘evident from the implications of the question, in the setting in which it is asked, that a responsive answer to the question or an explanation of why it cannot be answered might be dangerous because injurious disclosure could result.” (Id. at 1010-1011). “It is not enough that the ...

Excerpt: ... claims injuries in 2019, 2017, and 2014, where she subsequently made claims against Petitioner for underinsured motorist coverage. There is only one opposition and one reply filed in case number 2022-01239745. The task of reviewing these two Motions was rendered far more difficult for several reasons. Petitioner filed six different motions between the three cases but there appear to only be two set for hearing on 12/1/22 and one unknown motion s...

Excerpt: ... claims injuries in 2019, 2017, and 2014, where she subsequently made claims against Petitioner for underinsured motorist coverage. There is only one opposition and one reply filed in case number 2022-01239745. The task of reviewing these two Motions was rendered far more difficult for several reasons. Petitioner filed six different motions between the three cases but there appear to only be two set for hearing on 12/1/22 and one unknown motion s...

Excerpt: ... from default under CCP § 473(b) on grounds of “mistake, inadvertence, surprise, or excusable neglect”. The motion for discretionary relief must be filed within 6 months after the clerk's entry of default. The motion is ineffective if filed thereafter, even if it is within 6 months after entry of the default judgment (these are separate procedures. Where relief is sought from a court order enforcing a procedural time limit, the six-month per...

Excerpt: ...e Nero is allegedly PNR's “alter ego.” The Court declines to consider the opposition by Respondent PNR Marketing Solutions, LLC (“PNR”), because there is no dispute that PNR is currently a “suspended” entity; and, there is no evidence that it has been “revived.” (See Rev. & Tax. Code, § 23301; Casiopea Bovet, LLC v. Chiang (2017) 12 Cal.App.5th 656, 662.) Nevertheless, the Court considers the opposing papers to the extent they we...

Excerpt: ...o set forth the pertinent procedural history of this matter.  In 2017, a court trial was held on the Cross-Complaints. On 7/25/17, the court issued a tentative decision finding in favor of Bilkis Khan on both cross-complaints, and ordered the court clerk to release to Bilkis Khan the sum of $9,244.85 of the funds deposited with the court by interpleader. [ROA 126.]  Thereafter, the Judgment was executed on 8/18/17, and the original Statemen...

Excerpt: ...d judgment or order. Code Civ. Proc. § 473(d). Under section 473, subdivision (d), the court may set aside a default judgment which is valid on its face, but void, as a matter of law, due to improper service.” Hearn v. Howard (2009) 177 Cal. App. 4th 1193, 1200 (quoting Ellard v. Conway (2001) 94 Cal. App. 4th 540, 544). Section 473(d) provides relief from both the entry of default and a default judgment. Cal. Prac. Guide Civ. Pro. Before Tria...

Excerpt: ...fendant cites to C.C.P. §473.5; however, as Judgment was entered on August 13, 2014, more than 2-years prior to the instant motion, relief pursuant to C.C.P. §473.5 is unavailable. (Trackman v. Kenney (2010) 187 Cal.App.4 th 175, 180). Pursuant to C.C.P. §473(d), however, “[t]he court may…on motion of either party after notice to the other party, set aside any void judgment or order.” Additionally, “a default judgment entered against a...

Excerpt: ...��If the court determines that the parties entered into an enforceable settlement, it should grant the motion and enter a formal judgment pursuant to the terms of the settlement.” (Id). “The statute expressly provides for the court to ‘enter judgment pursuant to the terms of the settlement.” (Id.). “The power of the trial court under Code of Civil Procedure section 664.6…is extremely limited.” (Hernandez v. Board of Education (2004)...

Excerpt: ..., 9—§ 1286 is mandatory in this respect). Unless a petition to correct or vacate the award has been 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 Partners Ltd. Partnership v. Calcor Space Facility, Inc. (1994) 25 Cal.App.4th 809, 818—no authority to alter terms of award absent petition to correct; Weinberg v. Safeco Ins...

Excerpt: ...n on the merits. (Carlton v. Quint (2000) 77 Cal.App.4th 690, 697.) Further, the Court notes that Plaintiff, himself, failed to serve his opposing papers in a timely manner. However, the Court exercises its discretion to consider Plaintiff's untimely, opposing papers, because it realizes Plaintiff's tardiness was likely the result of the defect in notice. Accordingly, Plaintiff has not suffered any prejudice. On the merits, the motion is denied, ...

Excerpt: ...kaging West, LLC, as co-Counsel with Zachary A. Bulthuis, Esq. All of the requirements of CRC rule 9.40(a) through (e) are met. (See ROA 52, 69.) The Application is granted. B. Motion to Quash Subpoenas Before the court are third-parties Intellipax, Inc., Armon Medali, Sammy Medal, and Chelsea Medali's motions to quash subpoenas for documents and/or depositions issued by Plaintiff Nefab Packaging West, LLC in an out-of-state lawsuit between Plain...

Excerpt: ...plbaum (collectively, “Subpoenas”) by Judgment Creditor Judgment Recovery Assistance, LLC (“Judgment Creditor”). The subpoenaed parties are the legal representatives of Judgment Debtor Mark Ferry (“Ferry”). (Compton Decl., ¶ 8.) The Subpoenas seek financial information relating to Ferry and Flordeliza Labesores, aka Flordeliza Bantilan Labesores (“Labesores”), who appears to be Ferry's spouse. (Id.) On 7/28/2022, the hearing on t...

Excerpt: ...orro LLC v. Art of Gifting, Inc., a California Corporation, et al., Case No. 190900848. (ROA 9) The Utah Judgment is attached to the Application. (ROA 2). It states in relevant part that: Defendants Art of Gifting, Inc., Brian Chalmers Edwards, and Janet Marie Kirby ("Defendants"), have executed a Verified Confession of Judgment dated August 30, 2018, permitting the court to enter judgment against them, jointly and severally, and in favor of Plai...

Excerpt: ..., Brenda Ritter, and Kameshi Taylor to arbitration is GRANTED as to Crown Cove but DENIED as to all others. Pursuant to Code of Civil Procedure section 1281.97, Crown Cove is ORDERED to pay Petitioner's attorney's fees and costs for the arbitration, to be determined by the arbitrator and included in the arbitration award, even if Petitioner is not the prevailing party. Petitioner's request for attorney's fees and costs in the amount of $64,918.81...

Excerpt: ...eing publication of the notice of seizure) to file a claim. Subsection (b)(1) goes on to state: “If at the end of the time set forth in subdivision (a) there is no claim on file, the court, upon motion, shall declare the property seized or subject to forfeiture pursuant to subdivisions (a) to (g), inclusive, of Section 11470 forfeited to the state. In moving for a default judgment pursuant to this subdivision, the state or local governmental en...