Civil Bench Warrant - Failure to Comply

Useful Rulings on Civil Bench Warrant - Failure to Comply

Recent Rulings on Civil Bench Warrant - Failure to Comply

226-250 of 10000 results

NASSIRI V. TOYOTA FINANCIAL SERVICES INTERNATIONAL CORPORATION

Demurrer to Complaint The Demurrer of Defendant Toyota Motor Credit Corporation, erroneously sued as The Demurrer by Toyota Financial Services International Corporation (“Defendant”), to the Complaint of Plaintiff Hamid Nassiri is continued to October 26, 2020 at 1:30 p.m. in Department C32 to allow Defendant the opportunity to serve the Demurrer – as well as a notice of the continuance of the hearing – to Plaintiff’s correct address.

  • Hearing

    Sep 21, 2020

BEYER VS. ALI

Due to Plaintiff’s failure to serve timely responses to Form Interrogatory No. 3.7, Plaintiff has “waive[d] any right to exercise the option to produce writings under Section 2030.230, as well as any objection to the interrogatories, including one based on privilege or on the protection for work product . . . .” (Code Civ. Proc., § 2030.290(a).). Plaintiff’s response to Form Interrogatory No. 17.1 is incomplete and fails to comply with Code of Civil Procedure section 2030.220(a). (Code Civ.

  • Hearing

    Sep 21, 2020

MERCHANT CAPITAL SOURCE, LLC VS ALDAMAN

Here, the supporting declaration provides no explanation for counsel’s failure to appear at the 10/23/19 status conference or the 11/21/19 OSC. Counsel was warned in writing that failure to appear could lead to dismissal, and it did. Motion DENIED without prejudice.

  • Hearing

    Sep 21, 2020

EVANS V. LE GRAND MAISON, LLC

Although Defendant suggests the failure to attach these invoices and payments calls the amounts into question, the failure to attach these documents is consistent with Evan’s sworn statement that the lien is for work performed by him and for materials he purchased directly. Defendant identifies a few minor errors in the invoices attached, but they do not lead to a different result.

  • Hearing

    Sep 21, 2020

TAHMASSEBI VS HEMET HILLS LLC

If there is a dispute regarding the content of the supplemental responses, compliance with the requirement to meet and confer must be repeated and a new motion filed in no agreement is reached. The court is mindful of the ever-increasing attorney’s fees being accrued, and will consider an appropriate amount of monetary sanction in the event that the court is ultimately required to resolve this dispute.

  • Hearing

    Sep 21, 2020

  • Judge

    David E. Gregory

  • County

    Riverside County, CA

HARVEY KREITENBERG, ET AL. VS MICHAEL ROSENBERG, ET AL.

On June 10, 2020 Defendant Ministerios Cristianos Guerreros De Jehova filed the instant motion to quash deposition notices, or in the alternative, to stay the depositions. On June 15, 2020, pursuant to Plaintiffs’ request, default was entered as to Defendant Shul and Jewish Center Ahavath Israel Inc. On June 30, 2020, Defendant Shul and Jewish Center Ahavath Israel, Inc. filed the instant motion to set aside default and for leave to defend the action. ANALYSIS: I.

  • Hearing

    Sep 21, 2020

  • Type

    Real Property

  • Sub Type

    other

RENEE THURMAN VS E & G PROPERTY MANAGEMENT COMPANY ET AL

The complaint alleges causes of action for (1) disability discrimination, (2) retaliation, (3) failure to accommodate, (4) failure to engage in interactive process, (5) failure to prevent discrimination and retaliation (all in violation of FEHA), (6) wrongful termination in violation of public policy, and (7) retaliation in violation of Labor Code section 1102.5.

  • Hearing

    Sep 21, 2020

  • Type

    Employment

  • Sub Type

    Other Employment

EMERALD A ANGULO ET AL VS AYMAN ALLADAWI M D ET AL

The fetus died of multiple organ failure. The mother, Emerald Angulo, is Rh-positive. The RhoGAM product insert reveals that RhoGAM is contraindicated for Rh positive individuals, such as the mother, and was contraindicated. The mother received RhoGAM which, in my opinion as to a reasonable medical probability, was a substantial factor in the cause of immune hydrops fetalis and, as to a reasonable degree of medical probability, was a substantial factor in the cause of death of the fetus in this case.

  • Hearing

    Sep 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    Medical Malpractice

GORJI ASHRAF VS KOLAH FARANGI INC ET AL

Defendant agreed to provide code-compliant responds without objections, and Plaintiff agreed to take the motions to compel furthers off-calendar once responses were received. While the motions remain on calendar, neither party has submitted any supplemental papers informing the Court of a failure to comply. As such, there is nothing which would lead the Court to believe that this dispute is still on-going. The Court considers the discovery motions to be off-calendar.

  • Hearing

    Sep 21, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

BARRY KELLMAN VS TITLE RECOVERY SERVICES, LLC, ET AL.

to RFP No. 12) [within two weeks], all subject to the Protective Order.

  • Hearing

    Sep 21, 2020

(NO CASE NAME AVAILABLE)

LEGAL STANDARD “If a party to whom interrogatories are directed fails to serve a timely response. . . [t]he party to whom the interrogatories are directed waives. . . any objection to the interrogatories, including one based on privilege or on the protection for work product. . . .” (CCP § 2030.290(a).) Additionally, “[t]he party propounding the interrogatories may move for an order compelling response to the interrogatories.” (CCP § 2030.290(b).) Defendants Dean A.

  • Hearing

    Sep 21, 2020

LESLIE ANN MCGREW, ET AL. VS BIANCA RISHA JACKSON

Plaintiff was ordered to give notice of the new hearing date. (Minute Order 8/20/20.) As of 9/15/20, no such notice has been filed with the court. The motion to be relieved as counsel is denied without prejudice. Moving Counsel is ordered to give notice. Parties who intend to submit on this tentative must send an email to the court at [email protected] indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org.

  • Hearing

    Sep 21, 2020

  • Type

    Personal Injury/ Tort

  • Sub Type

    other

VELASQUEZ VS PROFESSIONAL COMMUNITY HEARING RE: MOTION TO/FOR BY SPECIALLY APPEARING DEF TO DISMISS OR IN THE ALTERNATIVE TO STAY ACTION PURSUANT TO FORUM BY PROFESSIONAL COMMUNITY MANAGEMENT OF

Plaintiff Jaime Velasquez filed this Complaint for (1) Harassment in Violation of the FEHA; (2) Discrimination in Violation of the FEHA; (3) Failure to Prevent in Violation of the FEHA; (4) Retaliation in Violation of the FEHA; ( 5) Wrongful Termination in Violation of the FEHA; and( 6) Wrongful Termination in Violation of Public Policy 4 against his former employer, Defendant Professional Community Management of California, Inc. (PCM).

  • Hearing

    Sep 21, 2020

HAMVAY V. KNOLLS WEST POST ACUTE, LLC

Motion to Compel Answers to Special Interrogatories OFF CALENDAR – Telephone withdrawal by moving party

  • Hearing

    Sep 21, 2020

MARITZA GARCIA VS TRINET HR II HOLDINGS, INC., A DELAWARE CORPORATION, ET AL.

The Complaint states eight causes of action for: (1) Discrimination, (2) Retaliation, (3) Failure to Prevent Discrimination and Retaliation, (4) Failure to Provide Reasonable Accommodation, (5) Failure to Engage in an Interactive Process, (6) Retaliation, (7) Declaratory Judgment, and (8) Wrongful Termination. On August 18, 2020, the Court requested a supplemental declaration regarding the contract to establish that the arbitration agreement was between UFSC and Plaintiff.

  • Hearing

    Sep 21, 2020

  • Type

    Employment

  • Sub Type

    Wrongful Term

SHERWOOD MOBILE HOME PARK VS ELIZABETH CERVANTES, ET AL.

PETITION TO DECLARE MOBILEHOME ABANDONED (Civ. Code § 798.61) TENTATIVE RULING: Petitioner Sherwood Mobile Home Park’s Amended Petition to Declare Mobile Home Abandoned is GRANTED AS TO RESPONDENT ELIZABETH CERVANTES AND DENIED AS TO RESPONDENT VANESSA BROWN. ORDER TO SHOW CAUSE RE: SALE / DISPOSAL OF MOBILE HOME AND SUBMISSION OF ACCOUNTING PURSUANT TO CIVIL CODE SECTION 798.61 SET FOR JANUARY 25, 2021 AT 09:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

  • Hearing

    Sep 21, 2020

  • County

    Los Angeles County, CA

LIMITED LIABILITY COMPANY NORMANDIYA VS TECHSON ELECTRONICS, INC.

TENTATIVE RULING LIMITED LIABILITY COMPANY V TECHSON ELECTRONICS 20VECV00015 MOTION TO DISMISS 9/21/2020 MOTION IS GRANTED. THE COURT ORDERS CLERK OF THE COURT TO ENTER A JUDGMENT OF DISMISSAL WITH PREJUDICE PURSUANT TO CCP SECTION 581(f)(2) IN FAVOR OF DEFENDANT AND AGAINST PLAINTIFF FOR FAILING TO AMEND AFTER DEMURRER WAS SUSTAINED WITH LEAVE TO AMEND. THE DEMURRER WAS SUSTAINED ON 6/29/2020 WITH 20 DAYS LEAVE TO AMEND. NOTICE WAS GIVEN BY THE CLERK OF THE COURT ON 6/29/2020.

  • Hearing

    Sep 21, 2020

GARCIA VS BERTONE HEARING RE: MOTION TO TAX COSTS BY PAULA MARIE BERTONE

As one court succinctly explained: “A 998 offer is valid only if, among other things, the offeror knew that the offeree had reasonable access to the facts necessary to intelligently ‘evaluate the offer.’ [Citations omitted.] What factors are relevant in deciding whether the offeree had enough facts to evaluate the offer?

  • Hearing

    Sep 21, 2020

ZULEMA BAEZ, ET AL. VS CENTINELA FEED, INC., ET AL.

Each net balance of $750,000.00 will be invested in a single-premium deferred annuity, subject to withdrawal only upon authorization of the court. The court has reviewed the settlement and finds it fair and reasonable. The Court also finds the attorneys’ fees fair and reasonable, in that they amount to 25% of each Claimant’s settlement amount. Pursuant to CRC 7.952, Claimants and Petitioner must appear at the hearing on this matter unless the court finds good cause to excuse their appearance.

  • Hearing

    Sep 21, 2020

GMP LABORATORIES OF AMERICA, INC. V. METAFORMULA INTERNATIONAL, INC.

“[T]he burden is on the Plaintiff to show the manner in which [it] may amend, and how the amendment will change the legal effect of the pleading.” (Goodman v. Kennedy (1976) 18 Cal.3d 335, 349). If Plaintiff wishes leave to file a third amended complaint to attempt to allege a quantum meruit claim, it shall be prepared at the hearing to advise the Court specifically what facts it can allege that will address the defects in this pleading. Defendant is ordered to give notice.

  • Hearing

    Sep 21, 2020

DANIELS VS WELLS FARGO BANK

The defendant’s request for judicial notice is granted as to Exhibits A through D, but denied as to Exhibit E. The demurrer of Wells Fargo Bank is sustained as to the third cause of action for negligent misrepresentation and the fourth cause of action for negligence. The plaintiff is granted leave to amend no later than October 12, 2020. The demurrer to the seventh cause of action for cancellation of instruments is sustained without leave to amend. That cause of action is dismissed as to Wells Fargo Bank.

  • Hearing

    Sep 21, 2020

HART VS KAISER FOUNDATION HEALTH PLAN INC.

Motion to be Relieved as Counsel is GRANTED. The withdrawal of counsel will be effective upon filing proof of service of this order on the Plaintiff, Jason Hart, at his last known address.

  • Hearing

    Sep 21, 2020

LEV INVESTMENTS, LLC VS RUVIN FEYGENBERG, ET AL.

(b) A motion under subdivision (a) shall comply with both of the following: (1) The motion shall set forth specific facts showing good cause justifying the production for inspection of any document, electronically stored information, or tangible thing described in the deposition notice.

  • Hearing

    Sep 21, 2020

  • Type

    Real Property

  • Sub Type

    other

COURTNEY SCHEUERMAN VS ELSA ZEVALLOS, ET AL.

Parties who intend to submit on this tentative must send an email to the court at [email protected] indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.

  • Hearing

    Sep 21, 2020

CARLSON VS INSTASCULPTING, LLC

Continued to 10/19/2020

  • Hearing

    Sep 21, 2020

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