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