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: ...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...

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...