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...

Excerpt: ...s that the notice of motion must state the grounds for the order being sought and courts generally may consider only the grounds stated in the notice of motion. (Kinda v. Carpenter (2016) 247 Cal.App.4th 1268, 1277.) The purpose of the notice requirements is to cause the moving party to sufficiently define the issues for the information and attention of the adverse party and the court. (Id.) Garcia's notice of motion only states that Garcia's “...

Excerpt: ...chose not to respond to the Petition. (ROA 21) Legal Standard “The Mandatory Fee Arbitration Act (MFAA), under Business and Professions Code section 6200 et seq., provides a quick and inexpensive method for clients, at their option, to resolve fee disputes with their attorneys.” (Law Offices of Dixon R. Howell v. Valley (2005) 129 Cal.App.4th 1076, 1083; Bus. & Prof. Code, § 6200, subd. (c) [“Unless the client has agreed in writing to arbi...

Excerpt: ...other court of record in the U.S.) Legal Standard Health and Safety Code section 17980.7(c) allows the enforcement agency to obtain the appointment of a receiver to take control of the property and to correct the violations. Specifically, it provides: “(c) The enforcement agency ... may seek and the court may order, the appointment of a receiver for the substandard building pursuant to this subdivision. (1) In appointing a receiver, the court s...

Excerpt: ... at issue, nor do they set forth the text of each request. “A motion to quash provides the trial court with the opportunity to determine whether documents should be produced pursuant to the underlying subpoena.” (In re R.R. (2010) 187 Cal.App.4th 1264, 1277, emphasis added.) The Court can hardly be called upon to quash “underlying subpoenas” that were not made a part of the record. In any event, the motions describe the subpoenas as reque...

Excerpt: ...enants, Conditions and Restrictions (“Declaration”). (Petition, ¶3, Exs. A, B, and C.) The annual membership meeting is required to be held annually within thirty (30) days of the date in which fifty-one percent (51%) of the Lots were originally sold or within six (6) months after the sale of the first Lot, whichever occurred first. (Petition, ¶5, Bylaws Article IV, section 2.) Pursuant to Bylaw Article IV, section 6, the quorum for annual ...

Excerpt: ...However, the court was not previously given the language of the Policy in order to determine whether the policy contains a method for appointing an arbitrator. Federal Insurance has now provided the relevant language. (ROA 51) The court confirms that it provides no method for selecting an arbitrator. CCP §1281.6 says that “If the arbitration agreement does not provide a method for appointing an arbitrator, the parties to the agreement who seek...

Excerpt: ...aniel 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 proceeding [for i...

Excerpt: ...ntiff has the initial burden of demonstrating facts justifying the exercise of jurisdiction.” (Vons Companies, Inc. v. Seabest Foods, Inc. (1996) 14 Cal.4 th 434, 449). “The plaintiff must provide specific evidentiary facts, through affidavits and other authenticated documents, sufficient to allow the court to independently conclude whether jurisdiction is appropriate. The plaintiff cannot rely on allegations in an unverified complaint or vag...

Excerpt: ... However, the Court denies the motion as to documents in categories nos. 2, 3, 5, 6, 11, 15, 19, 20 and 33 Judgement Debtor (Liveyon Labs, Inc.) has not responded to the motion. However, the JDE witness, Roya Panah has opposed the motion asserting primarily the Fifth Amendment privilege against self-incrimination. Panah also raises a procedural challenge asserting the motion “is improper and defective because [Judgment Debtor] has been forfeite...

Excerpt: ...en acted upon by the board, or has been deemed to have been rejected by the board…” Additionally, pursuant to Government Code §911.2(a), a claim for death or personal injury shall be presented “not later than six months after the accrual of the cause of action.” When a claim that is required by Government Code §911.2 to be presented not later than six months after the accrual of the cause of action is not presented within that time, a w...

Excerpt: ... effective decision making by the court, the parties, and counsel.” (Cal. Rules of Ct., Rule 3.400(a).) “With 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 or that an action previously declared to be a complex case is not a complex case.” (Cal. Rules of Ct., Rule 3.403(b).) Rule 3.400(b) provides: In deciding whether an action is a complex case under ...

Excerpt: ...ty and has been acted upon by the board, or has been deemed to have been rejected by the board…” Additionally, pursuant to Government Code §911.2(a), a claim for death or personal injury shall be presented “not later than six months after the accrual of the cause of action.” When a claim that is required by Government Code §911.2 to be presented not later than six months after the accrual of the cause of action is not presented within t...

Excerpt: ...ook title to the Property on July 9, 2012 and the Grant Deed was recorded in the Official Records of Orange County on July 27, 2012, as Document Number: 2012000429418 (Orey Decl., 16, Ex. B.) The CC&Rs were recorded in 1982. (Orey Decl., Ex. A.) Pursuant to Article IX, Sections 9.08, 9.25, and 9.26, of the CC&Rs, Respondent became obligated to pay periodic assessments to the Petitioner as of that date. (Orey Decl., ¶5, Ex. A.) Beginning on or ab...

Excerpt: ...uit against a public entity.... [A] plaintiff must timely [present] a claim for money or damages [to] the public entity. (§ 911.2.) The failure to do so bars the plaintiff from bringing suit against that entity. (§ 945.4.)” [Citation.] ... [¶] ‘Claims for personal injury must be presented not later than six months after the accrual of the cause of action .... (§ 911.2, subd. (a).) ... [¶] ...' [¶] ... However, ‘if the injured party fa...

Excerpt: ...ain language states that, if an anti-SLAPP motion is frivolous, then ‘the court shall award costs and reasonable attorney's fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.” (Changsha Metro Group Co., Ltd. v. Peng Xufeng (2020) 57 Cal.App.5 th 1, 8). “Thus, the procedure of section 128.5 controls the award of attorney's fees for a frivolous anti-SLAPP motion.” (Id.). Similarly, the reference to C.C.P. §128.5 requi...

Excerpt: ...C and entered into a written agreement to dissolve and wind-up Petitioner. After filing the Certificate, Petitioner discovered Petitioner would be responsible for $26,250 in documentary transfer taxes. Petitioner's members now request Petitioner be reinstated. Government Code section 12261 provides as follows: (a) The Secretary of State shall reinstate to active status on its records, a business entity for which a court finds any of the following...

Excerpt: ...sq. and Demerie Edington CMCA, although referenced is both declarations. Further, the Petition and accompanying Application ask for an order to serve the Notice of Default and notice of the Association's vote to foreclose pursuant to Civil Code section 5705(d) by publication. However, the court is missing documents not referenced or included with the briefing. The first step in a residential common interest development's association imposing a li...

Excerpt: ...PM for submission of further evidence demonstrating the timely filing of the disputed claim. Generally, the Government Claims Act (Gov. Code, § 810, et seq.) provides that no suit for money or damages may be brought against a local public entity until a written claim asserting the cause of action has been presented to the public entity and has been rejected or deemed rejected by it. (Gov. Code, §§ 905, 945.4.) The purpose of the Government Cla...

Excerpt: ... two prior orders of this Court to provide requested discovery. The most recent order was issued on 9/16/2021 and warned that a subsequent failure to comply with that order to respond might result in a dismissal of the Claim and hence forfeiture of the funds in question (approximately $1482). The instant motion was initially heard on 1/13/22 and continued because Petitioner did not sufficiently demonstrate service upon Claimant of the 9/16/2021 n...

Excerpt: ...operty or personal property worth more than $25,000 is subject to a judicial forfeiture proceeding. Under judicial forfeiture procedure, the attorney general or a district attorney may file a petition for forfeiture of property: (1) in the superior court of the county where the defendant has been charged with the underlying offense; (2) in the county where the property subject to forfeiture has been seized; or (3) if no seizure has occurred, in t...

Excerpt: ...nhome Owners Ass'n, Inc. (2001) 89 Cal.App.4th 746, 752.) To utilize this “equitable” procedure, the court must find that “the new party must be the alter ego of the old party,” and, “in order to satisfy due process concerns, the new party must have controlled the litigation.” (Cal. Civ. Prac. Business Litigation § 5:29, citations omitted; McClellan v. Northridge Park Townhome Owners Ass'n, Inc. (2001) 89 Cal.App.4th 746, 752 [“Suc...

Excerpt: ...its jurisdiction into effect. [CCP § 187.] “As a general rule, ‘a court may amend its judgment at any time so that the judgment will properly designate the real defendants.'....” (Greenspan v. LADT, LLC (2010) 191 Cal.App.4th 486, 508.) Usually, such amendments are: (1) to add a nonparty alter ego as a judgment debtor (see Tokio Marine & Fire Ins. Corp. v. Western Pac. Roofing Corp. (1999) 75 Cal.App.4th 110, 116; Hall, Goodhue, Haisley & ...

Excerpt: ...e CC&Rs: “The Declarant ... and each Owner of a Lot or Condominium, by acceptance of a deed therefore ... is deemed to covenant and agree to pay to the Master Association the following Assessments which are levied by the Master Association against such Owner's Lot or Condominium: . . . shall also be the personal debt of the Owner of such property at the time when the Assessment became due.” Beginning on or about September 15, 2019 Respondent ...

Excerpt: ...ing to counsel's declaration, the defendant has been notified of Plaintiff's intent to seek to have the complaint reinstated and does not object. The question is, however, whether the court has the power to grant the relief requested under Code Civ. Proc. § 473 where the court clerk has voided the complaint's filing for failure to make timely payment. In two cases, the California Supreme Court and a court of appeal have found that when the court...

Excerpt: ...the verified Petition in this case because she was merely practicing as a paralegal and not an attorney. She offers no evidence whatsoever to support this conclusion and fails to challenge the significant evidence provided by the Interim Chief Trial Counsel of the State Bar of California. Business & Professions Code § 6125 prohibits any one from practicing law in CA unless the person is an active member of the California State Bar. Giving legal ...

Excerpt: ...0 et seq.), a money judgment obtained in another state may be filed with a California court and a California 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 ...

Excerpt: ...re section 2031.320, subdivision (a), if a party filing a response to a demand for inspection, coping, testing, or sampling fails to permit the inspection, copying, testing, or sampling in accordance with that party's statement of compliance, the demanding party may move for an order compelling compliance. There is no fixed time limit on a motion to compel compliance as agreed. Standon Co., Inc. v. Superior Court (1990) 225 Cal.App.3d 898, 903; s...

Excerpt: ... she obtained against Tiger Loans, and requests this amount be included an amended judgment against Tiger Loans. “The statutes and rules distinctly address three different types of costs and fees: prejudgment costs, including attorney fees where authorized by contract, statute or law (§ 1033.5, subd. (a)(10)), are recovered through procedures established under section 1034, subdivision (a) and rules 3.1700 and 3.1702(b); appellate costs and fe...

Excerpt: ... file a Proof of Service which demonstrates compliance with this provision; however, Respondent has appeared in this action and opposed the Petition on other than jurisdictional grounds. (Fireman's Fund Ins. Co. v. Sparks Construction, Inc. (2004) 114 Cal.App.4 th 1135, 1145). “A general appearance by a party is equivalent to personal service of summons on such party.” (Id.). “A general appearance operates as a consent to jurisdiction of th...

Excerpt: ... Trust Dated April 26, 2019. On February 25, 2021, the City issued the Notice to Abate pursuant to Health and Safety Code section 17980.6. (Code Decl., ¶¶ 20-22; Decl. of L. Moy, Ex. 2.) The Notice to Abate specifies the following thirty (30) violations of law that exist at the Subject Property. Since the issuance of the Notice to Abate, the Owner has failed to take any significant action to remedy any of the thirty (30) violations or health an...

Excerpt: ..., which “is a comprehensive scheme defining and setting penalties for crimes involving controlled substances.” (Ramirez v. Tulare County Dist. Attorney's Office (2017) 9 Cal.App.5 th 911, 925 (Ramirez).) The purpose of the forfeiture statutes is to remove the tools and profits from those engaged in the illicit drug trade. (Id.) The statutory procedures for forfeiture are set forth in Health & Safety Code sections 11488.4 and 11488.5, which pr...

Excerpt: ...concert with an ongoing organization, association or group of three or more persons, whether formal or informal, having as one of its primary activities the commission of acts constituting the enjoined public nuisance, having a common name or common identifying sign or symbol and whose members individually or collectively engage in the acts constituting the enjoined public nuisance. The participation or acting in concert must be more than nominal...

Excerpt: ...ourt has exclusive jurisdiction to resolve discovery disputes. (Insurance Code § 11580.2(f); Miranda v. 21st Century Ins. Co. (2004) 117 Cal. App. 4th 913, 920–921.) Here, Respondent has met all procedural requirements for this Motion. Respondent has been attempting to depose Dr. Whitaker since 2015, with recent efforts in 2020 by videoconference because of Covid-19. When Dr. Whitaker did finally respond on October 27, 2020, he agreed to volun...

Excerpt: ...aring. As explained by the Court in Lambert v. Superior Court (1991) 228 Cal.App.3 rd 383, an “owner need not wait until the claimant sues to enforce the lien; the imposition of that lien, and the owner's denial of its validity, comprise a controversy sufficient to permit an immediate suit for declaratory relief.” (Id. at 386). “Such a declaratory relief action can claim priority on the calendar of the trial court.” (Id.). “Thus by fili...

Excerpt: ...Record (2008) 162 CA4th 431, 450 (citing text.)]. Here, Swift Financial, LLC has filed a Complaint for this relief. However, the court will construe the Complaint (the first cause of action) as a petition to confirm the arbitration award because there is no prejudice to Defendants/Respondents BaDa International Inc. dba Simply Pure American and dba Simply Pure USA and dba Chung Ho USA, and Edward Park. (See Landis v. Pinkertons, Inc. (2004) 122 C...

Excerpt: ...er Directing the Clerk to Enter Renewal of Judgment Judgment Creditor asks the court for a nunc pro tunc order renewing the Judgement, originally entered on 8/9/10, pursuant to the renewal application submitted on 10/15/20, which was rejected by the Clerk on or about 11/4/20. Judgment Creditor argues that Governor Gavin Newsom issued Executive Order N-33-20 (the “Stay at Home Order”) on March 19, 2020 which prompted the total and complete cou...

Excerpt: ...opy of the findings and order, decision, or award of the appeals board with the clerk of the superior court of any county. Judgment shall be entered immediately by the clerk in conformity therewith…” The Court lacks jurisdiction to grant Petitioners' request under the foregoing, because Petitioners are requesting different relief from that provided for in the Workers Compensation award. Specifically, the award was made against only Respondent...

Excerpt: ...itration agreement. Subsequently, the instant petition was filed, whereby Petitioner now moves to compel arbitration, and requests that the Court enter an order declaring that Petitioner is a “consumer,” as is defined by Code Civ. Proc., § 1280(c), that the arbitration shall be administered as a “consumer arbitration,” and that JAMS administer the arbitration pursuant to its Rules. The problem is that Respondents did not consent to arbit...

Excerpt: ...the parties (the “Motion”) is GRANTED, in part, DENIED, in part, as follows. Pursuant to CRC Rule 3.400, a case can be designated as complex if it meets one of more of the following factors: (1) Numerous pretrial motions raising difficult or novel legal issues that will be time- consuming to resolve; (2) Management of a large number of witnesses or a substantial amount of documentary evidence; (3) Management of a large number of separately re...

Excerpt: ...n remained. The court granted summary judgment in favor of Defendant on 2/13/20, (ROA 165), and entered Judgment accordingly on or about 3/19/20, (ROA 177). By this motion, Defendant requests an award of $192,263 in attorneys' fees, as the prevailing party under an agreement with an attorneys' fees provision. Attorneys' fees are allowed as costs to the prevailing party when authorized by contract, statute, or law. (Code Civ. Proc. § 1033.5, subd...

Excerpt: ...ed an alter ego to be valid against that alleged alter ego, the Court must have jurisdiction over that party. Milrot v. Stamper Medical Corp. (1996) 44 Cal.App.4th 182, 186. “Normally jurisdiction is acquired by service.” Id. When a new party is added after judgment, due process requires that this party be given opportunity to contest liability before judgment is entered against it. Cal. Judges Benchbook Civ. Proc. After Trial § 3.93, citing...

Excerpt: ... foundation, hearsay, improper expert opinion, and irrelevant testimony. The court grants Defendant's unopposed Request for Judicial Notice. “Anti-SLAPP motions are evaluated through a two-step process. Initially, the moving defendant bears the burden of establishing that the challenged allegations or claims ‘aris[e] from' protected activity in which the defendant has engaged. [Citations.] If the defendant carries its burden, the plaintiff mu...

Excerpt: ...pleading which are judicially noticeable under Evidence Code §§ 451 or 452. Although California courts take a liberal view of inartfully drawn complaints, it remains essential that a complaint set forth the actionable facts relied upon with sufficient precision to inform the defendant of what plaintiff is complaining, and what remedies are being sought. (Leek v. Cooper (2011) 194 Cal.App.4th 399, 413.) On demurrer, a complaint must be liberally...

Excerpt: ...s an initial matter, the Court notes Plannet did not submit a proof of service showing this motion was properly served on all parties. “Proof of service of the moving papers must be filed no later than five court days before the time appointed for the hearing.” Cal. Rules of Ct., Rule 3.1300(c). On 5/7/2020, the Court served a notice of continuance for this hearing. Howard served and filed a timely opposition without disputing service of the ...

Excerpt: ...§ 2023.010(d). So, too, is disobeying a court order to provide discovery. Id., subd. (g); Van Sickle v. Gilbert (2011) 196 Cal. App. 4 th 1495, 1516. The moving party need only show the failure to obey the court's earlier discovery orders. Thereafter, the burden of proof shifts to the party seeking to avoid sanctions to establish a satisfactory excuse for his or her conduct. Corns v. Miller (1986) 181 Cal. App. 3d 195, 201; Puritan Ins. Co. v. S...

Excerpt: ... seeks an order quashing two deposition subpoenas served by Plaintiff on Bank of America, N.A. and Pacific Premiere Bank, and monetary sanctions in the amount of $3,560 against Plaintiff and its attorneys of record, jointly and severally. These motions were continued from 7/23/2020 to allow Plaintiff to show the five subpoenas were properly issued and to also allow the parties to meet and confer regarding the scope of the subpoenas. The parties s...