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: ...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: ... 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: ...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: ...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: ...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: ...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: ...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: ...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: ...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: ... 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: ...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: ...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: ... 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: ...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: ...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: ...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: ...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: ...��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...