Excerpt: ...Superior Court (2003) 105 Cal.App.4 th 39, 44. Third, plaintiff Quon failure to investigate within the claim period is not excusable. See, People ex rel Department of Transportation, at 44. Finally, since plaintiff Quon failed to meet her burden of establishing inadvertence, mistake, surprise or excusable neglect, respondent County of Orange has no burden to show that it would be prejudiced if the petition for relief by petitioner Quon was grante...

Excerpt: ...ndum of Costs After Judgment to claim post-judgment interest or other recoverable post-judgment costs. Moving party to give notice. ...

Excerpt: ...ake, defendant Veronica Cruz has not established a meritorious defense as required to support relief from a judgment that is several years old. See, See, Rappleyea v. Campbell (1994) 8 Cal.4 th 975, 982, citing Stiles v. Wallis (1983) 147 Cal.App.3d 1143, 1147 to 1148. There is also an issue as to diligence in the bringing of this motion for relief based on the evidence presented. Defendant claims she first learned of the judgment when she tried ...

Excerpt: ...ys later. Next, a motion for relief, pursuant to C.C.P. § 473, is limited to six months from the entry of default judgment. The default judgment in this case was filed on 11-26-07 while defendant's motion for relief was filed and served on 5-23-18 and is therefore untimely. In addition, defendant Amelia Nerio aka Amelia Nerio was personally served with the summons and complaint in this civil action so C.C.P. § 473.5 is not shown to be applicabl...

Excerpt: ...erning documents. As such, attorney fees incurred in the FDCPA lawsuit are not available here under Code of Civil Procedure sections 685.040, 685.070, 685.080, Civil Code section 5650, subdivision (b), or Civil Code section 5975, subdivision (c). Moving party to give notice. ...

Excerpt: ... a clerical error in the court's minute order of January 23, 2017. Nothing indicates the court intended the dismissal to be limited to defendant/judgment debtor Thomas Allen. The only evidence before the court suggests it was the plaintiff's misunderstanding as to what was going on that caused the alleged error, and not any clerical error on the part of the clerk or the court. (See Jon Smalls Decl. at ¶¶ 9-12.) Defendant/judgment creditor Deann...

Excerpt: ...holdover damages of $49,400.00. (See, Declaration of David Vermilya, ¶ 8.) Second, how the claimed $100.00 a day in holdover damages was calculated was not stated. Third, even assuming holdover damages are recoverable in the foreclosure sale context, there is a triable issue as to such damages as plaintiff is now on its third unlawful detainer action in relation to the same subject property. The two prior actions are: (1) PDQ Investments LLC as ...

Excerpt: ...Plaintiff Arthur Melody, Inc. obtained an unqualified win on its complaint in unlawful detainer and is thus the prevailing party. See, Hsu v. Abbara (1995) 9 Cal.4 th 863, 875 to 876. Plaintiff Arthur Melody, Inc. also established that the commercial lease contained a provision for attorney's fees to the prevailing party. (See, Verified Complaint, ¶ 11 and Exhibit A, Commercial Lease, Section 31.) Defendant Electric Charge, Inc. dba Fun Golf Car...

Excerpt: ...ood faith. In particular, respondents Weltzien, et al. presented evidence that respondents Weibach, et al. had knowledge of foundational issues relating to the subject Mission Viejo property. Also, there are issues with the escrow closing before the inspector's report was available to the sellers to amend their disclosures relating to the Mission Viejo property as needed. Relatedly, whatever admissible evidence respondents Silvia Weibach, et al. ...

Excerpt: ... is due qualifies as the prevailing party, i.e., the party with a “net monetary recovery” under CCP 1032(a)(4). (Public Employees' Retirement System v. Winston (1989) 209 Cal.App.3d 205, 212; Haire v. Stevenson (1987) 196 Cal.App.3d 1249, 1251-1252.) As Kabir was not the prevailing party, it is not entitled to attorney fees. Moving party to give notice. ...

Excerpt: ...(1) [member's right to participate in LLC activities terminates upon dissociation]; Corporations Code 17707.08(c) [LLC cancelled upon the filing of a certificate of cancellation with Secretary of State]; Fotenos, et al., Rutter Group, CA Practice Guide: Pass-Through Entities, Chapter 6- F, Section 6:855, citing Corp. Code 17707.08(b)(1), (c) [filing of certificate of cancellation of LLC terminates LLC existence]; Walker Decl. in support of Opposi...

Excerpt: ...l terms and conditions required of it to be performed under the Lease except those which may have been excused by virtue of the breach of 'defendants, and each of them. Plaintiff has alleged defendant's breach at paragraph 5 which states: 2. Defendants, and each of them, have breached the Lease by vacating the Premises prior to the t termination thereof and by failing to pay the sums due thereunder. Plaintiff has alleged damage as a result of the...

Excerpt: ...7.1, subdiv. (a) & (b). The court's power to issue a stay of execution under Code Civ. Proc. § 918 expires on 06/12/18, and the court declines to exercise its discretion to stay execution of the judgment for a few days. The respondent's request for relief under Code Civ. Proc. § 918.5 is also denied. The judgment creditor in this action is not one of the plaintiffs in OCSC Case No. 30-2016-00841613, thus Section 918.5does not apply to that acti...

Excerpt: ...or a file-stamped copy of the judgment, accompanied by proof of service; or (3) 180 days after entry of judgment. (CRC 3.1702(b)(1) and 8.104(a).) Here, no judgment [or other final order] has been issued. Moving party cites no authority that the court can determine attorney fees prior to the time periods set forth in CRC 3.1702(b). Second, and more importantly, moving party primarily relies on H&S 17980.7(c)(11). This section states in relevant p...

Excerpt: ...(a)(4), (b).) Where the parties have filed cross-claims such that they have competing monetary claims, then the party in whose favor the net amount is due qualifies as the prevailing party, i.e., the party with a “net monetary recovery” under CCP 1032(a)(4). (Public Employees' Retirement System v. Winston (1989) 209 Cal.App.3d 205, 212; Haire v. Stevenson (1987) 196 Cal.App.3d 1249, 1251-1252.) Most of moving party's arguments are based on th...

Excerpt: ...1167. Also, defendant McCracken failed to raise any timely objections to plaintiffs' deposition notice. See, C.C.P. § 2025.410(a). Defendant Ryan Nathanil McCracken is ordered to appear for his deposition on Friday, 6-22-18, at 10:00 a.m., at Manning & Kass, Ellrod, Ramirez, Trester, LLP, 19800 MacArthur Boulevard, Suite 900, Irvine, CA 92612. Finally, plaintiffs Farmers Insurance Exchange, et al. are awarded sanctions of $2,860.00 pursuant to C...

Excerpt: ...there are multiple references to his private information, that does not support sealing the entirety of every single document in this action. For example, sealing any of this court's minute orders in this action, clearly public documents, is not warranted. As another example, the appellate opinions (ROA Nos. 416, 417, 710, 744, and 838), while unpublished, are publicly available documents and do not appear to contain any private information. Movi...

Excerpt: ...arty as to Franklin Shelley because petitioners failed to recover against Franklin Shelley, the petition only requests and the court only orders confirmation of the award against the other defendants, not Franklin Mackey. The court hereby confirms the subject arbitration award as made, consisting of the decision issued on September 13, 2016, and as amended on July 11, 2016 and September 5, 2017 (Pet. at Attachments 8(c)(1)-(3)), and enters judgme...

Excerpt: ...r otherwise indicated receipt of the moving papers. There is also no proof of service of the notice and petition on the California Attorney General, as required under Ins. Code, § 10139(a), and no proof of service of the requisite notice to payee's attorney of record at the time the structured settlement, as required under Ins. Code, § 10139.5(f)(2)(L). Next, the transfer agreement contains a prohibited provision at section 4G on page 6, where ...

Excerpt: ...o a motion for relief on the ground the service was void. See, Trackman v. Kenney (2010) 187 Cal.App.4 th 175, 187. The Cory case is distinguishable from the present case before this court for the reasons discussed in the Carol Gilbert, Inc. case in that Cory was not addressing setting aside a default and/or default judgment but a motion to quash service of summons. See, Carol Gilbert, Inc. v. Haller (2009) 179 Cal.App.4 th852, 857 to 858. Defend...

Excerpt: ...not proper to consider such evidence in ruling upon a demurrer. See Ion Equipment Corp v. Nelson (1980) 110 Cal.App.3d 868, 881. Defendants' requests For judicial notice are denied, on the basis that the requests fail to comply with CRC Cal. Rules Court, Rule 3.1306, specifically because: (i) the request is not made in a separately filed pleading; (ii) the request fails to specify what part of the files the parties seek judicial notice of; (iii) ...

Excerpt: ...not proper to consider such evidence in ruling upon a demurrer. See Ion Equipment Corp v. Nelson (1980) 110 Cal.App.3d 868, 881. Defendants' requests For judicial notice are denied, on the basis that the requests fail to comply with CRC Cal. Rules Court, Rule 3.1306, specifically because: (i) the request is not made in a separately filed pleading; (ii) the request fails to specify what part of the files the parties seek judicial notice of; (iii) ...

Excerpt: ...ce. Moving party's request for monetary sanctions is denied. 2. Motion by judgment creditor for assignment order. No opposition. Motion granted in part and denied in part. The motion is granted as to third parties Advanced Bifurcation Systems, Inc. and Certus Financial Group, LLC. The court orders that all rights and interests of defendant / judgment debtor Charles Laverty in any monies due from Advanced Bifurcation Systems, Inc., and TCFG Invest...

Excerpt: ...led by plaintiffs. Motion continued to 6/22/18 at 9:00 AM in this department. On its own motion, the court takes judicial notice of: (1) plaintiffs' Second Amended Complaint (ROA No. 272); (2) defendant Richard Perlin's motion for nonsuit filed on 2-19-15 (ROA No. 915); (3) plaintiffs' Opposition to defendant Perlin's motion for nonsuit (ROA No. 926); and (4) the court's 2-20-15 minute order (ROA No. 934). Defendant's motion to tax contends that ...

Excerpt: ...part and denied in part. The motion is granted as to third parties Advanced Bifurcation Systems, Inc. and Certus Financial Group, LLC. The court orders that all rights and interests of defendant / judgment debtor Charles Laverty in any monies due from Advanced Bifurcation Systems, Inc., and TCFG Investment Advisors, LLC, are assigned to plaintiff / judgment creditor, to the extent necessary to pay the judgment in full. The court further orders th...

Excerpt: ...he complaint contains several causes of action relating to the Huntington Beach property including quiet title, slander of title, removal of cloud on title, cancelation of instruments. Thus, there clearly are claims relating to title to the subject property in the complaint. However, in order to avoid expungement of lis pendens it is incumbent upon the plaintiff, Robert, to also establish the “probably validity” of his claims “by a preponde...

Excerpt: ...ing a right or doing an act where service is by mail shall not apply to extend the times specified in paragraphs (1) and (2) of subdivision (a).” Here, responding party Khan filed and served Notice of Entry of Judgment on 3-6-18. [ROA No. 243.] Thus, moving party had to file its notice of intent to set aside and vacate judgment within 15 days after 3-6-18, or by 3-21-18. (CCP § 663a(a).) The notice of intent was not filed until 3-23-18, and is...

Excerpt: .... The proof of service for the petition and notice of hearing indicates that respondent was served by mail. However, respondent is not a party to this action, nor has respondent appeared before this court or otherwise participated in this action so as to been deemed to have made a general appearance. Moreover, under CRC 3.1346, written notice and moving papers supporting a motion to compel as to a non-party deponent must be personally served, unl...

Excerpt: ...712.060 to take possession of, and sell the property; account for all income received and expenses incurred since defendant's eviction from the property; and distribution of net sales proceeds (subject to appropriate adjustments). This order to show cause is issued under authority of Code Civ. Proc. § 128(a)(4). Responsive papers to be filed and served per the Code of Civil Procedure based upon the continued hearing date. Defendant to arrange to...

Excerpt: ...t does not act as an appellate court to substitute its own judgment for that of the arbitrator. The interpretation of the underlying contract is a question of law for the arbitrator, not the court. The court cannot “overrule” the arbitrator even if the court disagrees with the arbitrator's interpretation. United Steelworkers v Enterprise (1960) 363 US 593, 599. One of the grounds upon which the court can vacate an arbitration award is when th...

Excerpt: ...nity (H&S 102766 et seq.), or after adoption (H&S 102625 et seq.) However, the court was unable to find any authority allowing the court to summarily order a birth certificate be amended to correct the mother's name, as Petitioner requests here. Third, there is no evidence supporting the request. Petitioner seeks to correct her birth certificate on the grounds that her birth mother allegedly gave incorrect information to the hospital and to Los A...

Excerpt: ...that he told the arbitrator he was going to retrieve evidence he had left in his truck, and the arbitrator told him he would wait for him, but when he returned, the arbitrator was gone. (RP Response at 3:12-26.) Responding party also provided a verification under penalty of perjury for the entire response. An arbitration award may be vacated where “[t]he rights of the party were substantially prejudiced by the refusal of the arbitrators … to ...

Excerpt: ...o by the parties. While there are some situations in which the court is mandated to approve settlements (e.g. class actions, minor's claims, some probate matters) this is not one of those situations. Nonetheless, the court sees no reason not to approve the settlement particularly since the family law court has already done so. The court is not persuaded that it is precluded from doing so by the automatic bankruptcy stay. Therefore, for what it is...

Excerpt: ...rect county; (3) Section 1(i) of the agreement grants a security interest that may exceed the amount of the transferred payments; (4) The petition and supporting evidence fail to provide details concerning prior efforts to assign any portion of the structured settlement, whether such efforts were successful and whether the transferor was satisfied with such transactions; (5) The court cannot determine if all of only a portion of the structured se...

Excerpt: ...§ 685.040. Also, a contractual basis for recovery of attorney's fees against judgment debtor Tung Minh Nguyen as guarantor was established. Finally, plaintiff/ judgment creditor Mintaka Financial, Inc.'s post-judgment enforcement attorney's fees and costs are reasonable. See, PLCM Group, Inc. v. Drexler (2000) 22 Cal.4 th 1084, 1094. Moving party to give notice. ...

Excerpt: ...or Court (1981) 30 Cal.3d 244, 249. Next, a complaint for unlawful detainer can be verified on information and belief by a corporate officer or managing member of a limited liability company. See, C.C.P. § 446. Civil Code § 1812.10(a) provides that it is applicable to: “An action on a contract or installment account under this chapter shall be tried in the superior court in the county where the contract was in fact signed by the buyer, where ...

Excerpt: ... jurisdiction to hear the CLRA matter. Section (d) of CCP § 1782 states as follows: (d) An action for injunctive relief brought under the specific provisions of Section 1770 may be commenced without compliance with subdivision (a). Not less than 30 days after the commencement of an action for injunctive relief, and after compliance with subdivision (a), the consumer may amend his or her complaint without leave of court to include a request for d...

Excerpt: ...irectly relevant to the issue of possession may be raised as a defense in an unlawful detainer action. See, Barela v. Superior Court (1981) 30 Cal.3d 244, 249. Second, Civil Code § 2924.11(a) authorizes a party to bring an action to seek an injunction to enjoin a violation of Section 2924.11, but such action must be brought before a Trustee's Deed Upon Sale has been entered. A Trustee's Deed Upon Sale has been entered against the subject propert...

Excerpt: ...sts to establish that they are excessive or not reasonable. See, Lunada Biomedical v. Nunez (2014) 230 Cal.App.4 th 459, 488. The court finds that the $4,527.50 in challenged legal services sufficiently related to the surety action and therefore recoverable. Finally, the claimed $3,588.75 in legal services to analyze the reply, conduct legal research, and draft the reply and supporting reply declaration are reasonable. Moving party to give notice...

Excerpt: ...tson v. Osman (1986) 185 Cal.App.3d 308, 315 [disapproved on other grounds in Woods v. Young(1991) 53 Cal.3d 315].) Defendant to give notice. ...

Excerpt: ...ptcy or there is another restratin that prevents the claimant from commencing an action to enforce the lien. Civil Code § 8484. Moving party to give notice. ...

Excerpt: ...nd the supporting declaration fails to state the date of service. Additionally, the declaration fails to state the method of service of the Three Day Notice to Quit. There is also a triable issue as to whether the defendant continued in possession of the property following service of the Three Day Notice to Quit on the same grounds stated above. Plaintiff may not rely upon the allegations of its own verified complaint or its exhibits to cure thes...

Excerpt: ...t Amy Lynn Spencer's storage unit, this laptop remains unclaimed by former attorney Amy Lynn Spencer despite notice to respondent's last known business address and last known e-mail addresses. Hence petitioner State Bar is authorized to have the disk drive destroyed in a commercially reasonable manner and that balance of the computer should be destroyed in a commercially and environmentally compliant manner. Any other electronic devices seized fr...

Excerpt: ...ed the subpoena as they filed written objections thereto. Second, judgment debtor has an interest in preventing or delaying discovery of his assets. Third, counsel's declaration says he was not “personally served,” not that he never received the notice. The objections filed by judgment debtor to the notice of deposition are all overruled. Objections Nos. 6 and No. 10 are without merit. The records subpoena is addressed to Hart King and not th...

Excerpt: ...P 1013b(b)(1)) or (b)(4) in that they do not include the electronic service addresses of person making service or the person served. There are no additional responsive documents filed by respondent which would waive this defect. The hearing is also continued in order for respondent to have an opportunity to respond to the additional evidence provided by petitioner. Petitioner is ordered to serve the following to respondent by 3/14/18: (1) the ame...

Excerpt: ......

Excerpt: ...hn Michael Waller, payable to counsel for Claimant US Immigration Bonds. The court declines to order the monetary sanctions paid from the remaining balance of surplus sale proceeds on the grounds that Claimant US Immigration Bonds failed to cite any statutory or other authority for the distribution of Code Civ. Proc. § 128.5 sanctions from surplus sales proceeds held by the court under authority of Civ. Code §§ 2924j, & 2924k. c) The court spe...

Excerpt: ...hile the court determined it had no jurisdiction to vacate the arbitration award, it did have jurisdiction to award contractual attorney fees based on the unsuccessful motion to vacate that was opposed by respondent. Brown v Desert Christian Center (2011) 193 Cal. App. 4 th733. A court always has jurisdiction to determine its own jurisdiction and, when appropriate, award attorney fees in connection with that determination. Attorney fees are award...

Excerpt: ...tinued hearing date of 3-9-18 on its motion to terminate its jurisdiction as ordered as well as notice of the continued status conference to this same date. The court also inquires whether petitioner State Bar has a last residence address for attorney Amy Lynn Spencer and whether the State Bar can give notice to this address as the State Bar is requesting that this court authorize the destruction of a laptop computer and all electronic equipment ...

Excerpt: ...any evidence to establish that Palm Royal Limited Partnership was the alter ego of judgment debtor Royal Bar, or that Palm Royal Limited Partnership was the successor of Royal Bar. Third, the Plaintiff failed to present evidence to establish that Palm Royal Limited Partnership in its capacity as alter ego of Royal Bar in fact “…had control of the previous litigation, and thus was virtually represented in the lawsuit.” NEC Electronics v. Hur...