Motion Types Legal Issues

What is a Motion to Amend Judgment?

Most Useful Motion to Amend Judgment Examples

Recent Examples of Motion to Amend Judgment

1-25 of 500 results

TIMOTHY MCADAM, ET AL. VS JAY DE MIRANDA, ET AL.

...Company and Timothy McAdam, co-trustees of the Charles L. Weber Family Trust Resp. Party: Cross-Complainant Robert Hanisee Cross-Defendants’ demurrer is SUSTAINED with leave to amend. Cross-Defendants’ motion to strike is denied as MOOT. BACKGROUND: This case concerns money in a trust that was allegedly distributed to the settlor/trustee’s business partners without the settlor/trustee’s consent. On Dece...

...¶ 15.) On January 21, 2020, Cross-Defendants San Pasqual Fiduciary Trust Company and Timothy McAdam, co-trustees of the Charles L. Weber Family Trust (“the Trust”) filed the instant demurrer to, and motion to strike provisions of, Hanisee’s cross-complaint. ANALYSIS: I. Demurrer A. Legal Standard A demurrer is a pleading used to test the legal sufficiency of other pleadings. It raises issues of law,...

  • Hearing

    Feb 21, 2020

ILAN BITTON VS TYLER THORNTON, ET AL.

...Thornton and Sunfire Nutrition, LLC Resp. Party: Plaintiff Ilan Bitton Defendants’ demurrer is OVERRULED as to the first and third causes of action. Defendants’ demurrer is SUSTAINED without leave to amend as to the second cause of action. Plaintiff’s request for sanctions is DENIED. BACKGROUND: This case concerns the breach of an agreement to form a new business entity for the marketing and sale of ...

...December 18, 2019 filed a first amended complaint (“FAC”) against Defendants Tyler Thornton, Sunfire Nutrition, LLC, and Greenfield Organix dba Loudpack Farms for (1) breach of contract; (2) declaratory judgment; (3) breach of fiduciary duty; (4) intentional interference with business contracts; and (5) negligent interference with prospective economic advantage. On January 21, 2020, Defendants Tyler Thornton...

  • Hearing

    Feb 21, 2020

DAISY SANDOVAL VS LAW OFFICES OF MOON KIM ET AL

MOTION TO AMEND JUDGMENT (CCP § 187) TENTATIVE RULING: Judgment Assignee Andrew Larson’s Motion to Amend Judgment to Include Alter Ego Individual is CONTINUED TO APRIL 27, 2020, at 10:30 a.m. in Department 25, SPRING STREET COURTHOUSE. OPPOSITION: Filed on February 6, 2020 [ ] Late [ ] None REPLY: Filed on Febr...

...Order (the “Appeal”). (9/11/19 Notice of Appeal.) On October 29, 2019, Judgment Assignee filed the instant Motion to Amend Judgment to Include Alter Ego Individual (the “Motion”). On February 6, 2020, Judgment Assignee filed an Opposition and on February 11, 2020, Kim filed a Reply. As Kim has filed an Appeal of the Affidavit of Identity and Order and the August 20, 2019 Order, the Court continues the hear...

  • Hearing

    Feb 20, 2020

STRATEGIC FUNDING SOURCE, INC., A NEW YORK CORPORATION VS VANESSA ESPARZA, ET AL.

Plaintiff and Judgment Creditor Strategic Funding Source, Inc.’s motion to amend the judgment is GRANTED. Plaintiff and Judgment Creditor Strategic Funding Source, Inc. (“Plaintiff”) moves to amend the judgment pursuant to Code of Civil Procedure section 187. Trial courts are permitted to modify or amend judgments as prescribed by statute. (Worth v. Asiatic Transpacific, Inc. (1979) 93 Cal.App.3d 849, 856; ...

...709.) Section 187 confers such authority on the courts. (Dow Jones Co., Inc. v. Avenal (1984) 151 Cal.App.3d 144, 148-149.) While courts have utilized section 187 to add a successor corporation as a judgment debtor, this is generally done when there is a showing that (1) the new party is the alter ego of the old party, and (2) that the new party has controlled the litigation, thereby having had the opport...

  • Hearing

    Feb 20, 2020

UNIQUE HOMES BY CASPIAN INC VS ERI KROH ET AL

SUBJECT: Motion to Amend Judgment Moving Party: Defendant/Cross-Complainants Eri Kroh and 1400 Linda Flora Associates, LLC Responding Party: Amir Babak Mirdamadi Kroh/1400’s motion to amend judgment is DENIED. BACKGROUND: On December 18, 2015, Plaintiff Unique Homes by Caspian, Inc. (“Unique”) commenced this action against Defendants Eri Kroh and Hankey Capital, LLC for (1) breach of written co...

...advising the Court it would proceed by way of post-judgment motion pursuant to Code of Civil Procedure sections 128, 187. (Motion to Amend Judgment, p. 3:3-5.) On November 4, 2019, the Court entered judgment in favor of Eri Kroh and 1400 Linda Flora Associates, LLC and against Unique Homes by Caspian, Inc., a California corporation in the principal sum of $1,674,798.11; together with post award, pre-judgm...

  • Hearing

    Feb 20, 2020

SHAHNAZ ALI VS ARMEN ARSHAKYAN, ET AL.

Motion for Leave to Amend Answer Having considered the moving, opposing, and reply papers the Court rules as follows. BACKGROUND On December 13, 2018, Plaintiff Shahnaz Ali (“Plaintiff”) filed a complaint against Defendants...

...cross-complaint against Defendant/Cross-Defendant Armen Arshakyan seeking apportionment and declaratory relief. On January 13, 2020, Defendant/Cross-Complainant David Resendiz filed a motion for leave to amend its answer pursuant to California Code of Civil procedure section 473, subdivision (a). Trial is set for June 11, 2019. PARTY’S REQUEST Defendant/Cross-Complainant David Resendiz (“Moving Pary”) as...

  • Hearing

    Feb 20, 2020

RUTH CHIRON VS HYUNDAI MOTOR AMERICA, A CALIFORNIA CORPORATION, ET AL.

...Chiron’s MOTION FOR LEAVE TO FILE SECOND AMENDED COMPLAINT Responding Party: Defendants Hyundai Motor America and Glendora Hyundai Tentative Ruling Plaintiff Ruth Chiron’s Motion for Leave to File Second Amended Complaint is GRANTED. Background Plaintiff Ruth Chiron (“Plaintiff”) alleges that the 2013 Hyundai Elantra, VIN 5NPDH4AE2D199444 (“subject vehicle”) she purchased from Glendora Hyundai is defectiv...

... amend. The Final Status Conference is set for June 15, 2020. Trial is set for June 23, 2020. Legal Standard “The court may, in furtherance of justice, and on any terms as may be proper, allow a party to amend any pleading…” (CCP § 473(a)(1); and see § 576 [“Any judge, at any time before or after commencement or trial, in the furtherance of justice, and upon such terms as may be proper, may allow the amendm...

  • Hearing

    Feb 20, 2020

LLEJ LLC VS F & O MELROSER PLACE INC

...LA TROPEZINE BAKERY, Plaintiff, vs. F&O MELROSE PLACE, INC. dba FIG & OLIVE RESTAURANTS, et al. Defendants. CASE NO.: BC699493 [TENTATIVE] ORDER RE: DEMURRER TO PLAINTIFF’S SECOND AMENDED COMPLAINT; MOTION TO STRIKE Date: February 20, 2020 Time: 8:30 a.m. Dept. 56 MOVING PARTY: Defendant F&O Melrose Place, Inc. dba Fig & Olive Restaurants RESPONDING PARTY: Plaintiff LLEJ, LLC The Court has conside...

...Plaintiff and Defendant that would have allowed Plaintiff to operate a bakery within Defendant’s restaurant. Defendant filed a demurrer to all the causes of action in the SAC. Defendant also filed a motion to strike portions of the SAC. MEET AND CONFER The meet and confer requirement has been met. DEMURRER “A demurrer tests the sufficiency of a complaint as a matter of law.” (Durell v. Sharp Healthc...

  • Hearing

    Feb 20, 2020

JEFFREY J OLIN VS STEVEN SCOTT SILVER, ET AL.

...case (YD058401) to harm Plaintiff. The First Amended Complaint (“FAC”) alleges the following causes of action: Malicious Prosecution; Abuse of Process; Defamation, per se; Intentional Infliction of Emotional Distress; Negligent Infliction of Emotional Distress; and Intentional Alienation of Parental Affection. Defendants now demur to the FAC. An opposition and reply have been received and considered....

...currently enacted restraining order is on appeal. Should Plaintiff’s appeal succeed, no action for malicious prosecution could be maintained. Plaintiff’s argument that a DVRO cannot be considered a Family Law motion is unconvincing as it is unsupported and the procedure is expressly permitted via the Family Code. (Family Code, § 6200 et seq.) However, additional authority shows the DVROs cannot form the basis of...

  • Hearing

    Feb 20, 2020

MARIA PARRA SARIANANA VS HONG HOLDINGS LLC

[TENTATIVE] ORDER RE: DEEFENDANT HONG HOLDINGS LLC’S MOTION FOR SUMMARY JUDGMENT I. INTRODUCTION On March 15, 2017, Plaintiff Maria Parra Sarinana (“Plaintiff”) filed this action against Defendant Hong Holdings LLC (“Defendant”) for premises liability and negligence relating to ...

...the pump was not functioning properly. The complaint, however, did not allege the floor and pump as dangerous conditions. At the January 8, 2019 hearing, Plaintiff’s counsel stated Plaintiff wished to amend the complaint to allege those additional dangerous conditions. Accordingly, the Court continued the hearing to February 14, 2019. On January 17, 2019, Plaintiff filed a motion for leave to amend the ...

  • Hearing

    Feb 20, 2020

JOSE GUTIERREZ VS. ROBERT DE VRIES

HEARING ON MOTION FOR SUMMARY JUDGMENT FILED BY STATE OF CALIFORNIA * TENTATIVE RULING: * In this consolidated action, the California Department of Transportation (Caltrans) moves for summary judgment or, alternatively, for summary adjudication of issues, to the separately filed complaints of plaintiffs Jose Gutierrez, Christina Gutierrez and Christopher Gutierrez (the Gutierrez plaintiffs) and pla...

...Both complaints allege injuries to the plaintiffs resulting from a fence owned and maintained by Caltrans. Code of Civil Procedure section 437c(c) provides, in relevant part: “The motion for summary judgment shall be granted if all the papers submitted show that there is no triable issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Based on the papers s...

  • Hearing

    Feb 20, 2020

KHURANA VS. CITIMORTGAGE

... judgment is granted. The issue conference and trial dates are vacated. Defendant shall prepare a proposed judgment of dismissal, separate from any formal order on the motion, and shall submit that proposed judgment to plaintiffs’ counsel for approval as to form. The basis for this ruling is as follows. A. The Pleading Of Plaintiffs’ Complaint. A motion for summary adjudication “necessarily includes a test of ...

...of the complaint.” (American Airlines, Inc. v. County of San Mateo (1996) 12 Cal.4th 1110, 1117-18.) In this context, the courts consider the motion under the same standards applicable to a motion for judgment on the pleadings. (Id.) B. The First And Second Causes of Action. The First and Second Causes of Action are for violation of the Homeowner Bill of Rights (“HBOR”). Specifically, plaintiffs allege th...

  • Hearing

    Feb 20, 2020

RASTEGARI V. THREE ARCH BAY COMMUNITY SERVICES DISTRICT

...alternative, summary adjudication of Plaintiffs Esmail Nader Rastegari and Mahin Rastegari’s Complaint. For the following reasons, TAB’s motion is granted in part and denied in part. A defendant seeking summary judgment bears the burden of persuasion and burden of proof by a preponderance of the evidence to negate the plaintiff’s claim. It may do this by demonstrating the claim has no merit, that the plaintiff cannot...

...law. Cal. Civ. Proc. Code § 437c(p)(2); Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 850-51. If a defendant does not meet this initial burden, the plaintiff need not oppose the motion and the motion must be denied. Binder v. Aetna Life Ins. Co. (1999) 75 Cal.App.4th 832, 840. If the defendant meets this initial burden, the burden shifts to the plaintiff to produce evidence demonstrating the exist...

  • Hearing

    Feb 20, 2020

MEENA DHAWAN VS UNIVERSITY OF CALIFORNIA LOS ANGELES

Motion for Summary Judgment Having considered the moving papers, the Court rules as follows. No opposing papers were filed. BACKGROUND On January 18, 2018, Plaintiff Meena Dhawan (“Plaintiff”) filed a compliant against Defend...

...Plaintiff filed an amendment to the complaint renaming Doe 1 as Defendant the Regents of the University of California. On September 12, 2019, Defendant the Regents of the University of California filed a motion for summary judgment pursuant to California Code of Civil Procedure section 473c. Trial is set for April 28, 2020. PARTY’S REQUEST Defendant the Regents of the University of California (“Moving Def...

  • Hearing

    Feb 20, 2020

STAMM ENTERPRISES VS. BH PROPERTIES

...MANAGEMENT, INC., et al. * TENTATIVE RULING: * Defendants BH Properties Management, Inc., et al.’s demurrer to the First Amended Complaint is sustained with leave to amend. Plaintiff shall file and serve any amended complaint on or before March 12, 2020. Background This case involves a family business originally established in 1948 to operate the historic Stamm Theatre in Antioch. Over time, the business grew...

...Western Union (1977) 71 Cal.App.3d 873, 879.) 7th C/A (Equitable Relief from Dismissal) Defendants’ demurrer to the Seventh Cause of Action for Equitable Relief from Dismissal is sustained with leave to amend. Plaintiffs allege that as result of the deceptions and false promises of compromise, Plaintiffs were induced to release their lawsuit against Defendants in Contra Costa County Case No. MSC17-00298. ...

  • Hearing

    Feb 20, 2020

LYSA GRIGORIAN VS HAIG PAPAIAN, ET AL.

Lysa Grigorian v. Haig Papaian, et al., 19STCP04863 Tentative decision on demurrers to the first cause of action: (1) Warren demurrer: overruled; (2) Papaian demurrer: sustained with leave to amend Respondents Nedy Warren (“Warren”) and Haig Papaian (“Papaian”) separately demur to Petition for writ of mandate filed by Petitioner Lysa Grigorian (“Grigorian”). The court has read and considered t...

...surreptitiously operated Exclusively out of the Commerce Club’s administrative offices and the Commerce Club’s address as its own. Papaian and Nguyen caused Exclusively to use the Commerce Club’s logo on promotional materials in order to suggest that Exclusively was a division or affiliate of Commerce. In March 2016, Papaian and Nguyen secretly caused the Commerce Club to enter into an exclusive event catering...

  • Hearing

    Feb 20, 2020

RANDY HALL V. DARREN CRAIG DORSEY, SR., ET AL.

DARREN DORSEY’s Motion to be Relieved from Deemed Admissions TENTATIVE RULING Defendant DARREN CRAIG DORSEY SR. (“DARREN,” so as to distinguish him from Defendant RHONDA COLE DORSEY) brings this motion for relief from an or...

...from an order of this court dated July 10, 2019 deeming each of Plaintiff’s requests for admissions propounded on him admitted. Code of Civil Procedure section 2033.300 permits a party to withdraw or amend an admission made in response to a request for admission if it obtains leave of court, which is only to be granted if the court determines that the admission was the result of mistake, inadvertence, o...

  • Hearing

    Feb 20, 2020

MIGUEL ANGEL CUEVA VS. PACIFIC AMERICAN FISH CO.

...VC066777 HEARING: 02/20/2020 JUDGE: OLIVIA ROSALES #9 TENTATIVE ORDER Defendant PACIFIC AMERICAN FISH CO’s unopposed Motion for Summary Judgment is GRANTED. Defendant PACIFIC AMERICAN FISH CO’s alternative Motion for Summary Adjudication is MOOT. Moving Party to give Notice. Defendant’s Request for Judicial Notice is GRANTED as to the existence of the documents, but not as to any hearsay statements contained...

...in Lieu Thereof; and (6) Failure to Pay All Wages Due in Violation of California Labor Code and Industrial Welfare Commission Order No. 5 Defendant PACIFIC AMERICAN FISH CO (“PAFCO”) moves for summary judgment, or alternatively summary adjudication as to each cause of action. First Cause of Action – Common Law Claim for Wrongful Termination in Violation of Public Policy Plaintiff asserts a claim for wrong...

  • Hearing

    Feb 20, 2020

DE WITTE MORTGAGE INVESTORS FUND, LLC VS ALEX CARDENAS, ET AL.

De witte mortgage investors fund, llc, Plaintiff, vs. sandra carradine, et al., Defendants. Case No.: 19STUD00909 Hearing Date: February 19, 2020 Hearing Time: 8:30 a.m. [TENTATIVE] ORDER RE: MOTION TO AMEND THE ANSWER Background Plaintiff De Witte Mortgage Investors Fund, LLC (“Plaintiff”) filed this unlawful detainer action on January 25, 2019 against Defendants 1565 Haslam, LLC (“Haslam”), Lee Wong (...

...576.) “[T]he court’s discretion will usually be exercised liberally to permit amendment of the pleadings. The policy favoring amendment is so strong that it is a rare case in which denial of leave to amend can be justified.” (Howard v. County of San Diego (2010) 184 Cal.App.4th 1422, 1428 (internal citations omitted).) “If the motion to amend is timely made and the granting of the motion will not prejud...

  • Hearing

    Feb 19, 2020

PRIME STAFF, INC. V. ADVANCED INFORMATION MANAGEMENT, LLC

The Court rules as follows on the motion of Judgment Creditor Advanced Information Management, LLC (“AIM”) for assignment order and for order restraining Judgment Debtor Prime Staff, Inc. (“Prime”) – AIM seeks: 1. An order assigning the Judgment Debtor’s interest in accounts receivables and all rights to payment thereunder to the Judgment Creditor to the extent...

...The complaint has now been dismissed. Only the cross-complaint is still at issue. On 11/7/18, the Court granted Moving Party’s unopposed motion for judgment on the pleadings to the answer, with leave to amend on the ground that cross-defendant, as a corporation, could not represent itself in this action. Cross-defendant was granted ten days leave to amend the answer. Cross-defendant did not obtain counsel ...

  • Hearing

    Feb 19, 2020

MARTIN VS. G6 HOSPITALITY

HEARING ON MOTION TO STRIKE PORTIONS OF 1st Amended COMPLAINT FILED BY G6 HOSPITALITY PROPERTY LLC, * TENTATIVE RULING: * Factual Background Plaintiff, Deja Martin, alleges that the hotel room she rented at Motel 6 in Pittsburg on March 20-21, 20...

...2019. Her First Amended Complaint (“FAC”) sets forth seven causes of action: (1) Negligence; (2) Battery; (3) Nuisance; (4) Intentional Infliction of Emotional Distress; (5) Negligent Infliction of Emotional Distress; (6) Breach of Contract; and (7) Breach of Covenant of Quiet Enjoyment. After meeting and conferring with plaintiff’s counsel by phone, and failing to reach an agreement, defendant G6 Hospi...

  • Hearing

    Feb 19, 2020

PAUL ROLLINS VS RELIANT URGENT CARE ET AL

...Defendant City of Los Angeles Motion for Leave to Amend the Complaint The court considered the moving, opposition, and reply papers. RULING The motion is GRANTED. Plaintiff is ordered to file his First Amended Complaint within five days. BACKGROUND On February 1, 2018, plaintiff Paul Rollins filed a complaint against Reliant Urgent Care, Christopher R. Carles, and City of Los Angeles for (1) negligence,...

...other respect; and may, upon like terms, enlarge the time for answer or demurrer. The court may likewise, in its discretion, after notice to the adverse party, allow, upon any terms as may be just, an amendment to any pleading or proceeding in other particulars; and may upon like terms allow an answer to be made after the time limited by this code.” “This discretion should be exercised liberally in favo...

  • Hearing

    Feb 19, 2020

JORGE RAMOS RAMOS V. CITY OF VALLEJO

...Plaintiff JORGE RAMOS RAMOS’s first amended complaint does not state facts sufficient to constitute a cause of action. (Code Civ. Proc. § 438, subd. (c)(1)(B)(ii).) The standard for granting a motion for judgment on the pleadings is essentially the same as that for a general demurrer: whether a party is entitled to judgment as a matter of law. (Schabarum v. California Legislature (1998) 60 Cal.App.4th 1205.) I...

...defects fully disclosed on the face of the pleading under attack or by matters of which judicial notice may be taken. Declarations or other extrinsic matters are improper. Therefore, the judge hearing the motion cannot consider discovery admissions or other evidence controverting the pleadings.” (Code Civ. Proc. § 438, subd. (d); Edmon & Karnow (Weil & Brown), Civil Procedure Before Trial, § 7:322, pp. 7-92 a...

  • Hearing

    Feb 19, 2020

DIGITAL SECURITY & ELECTRONICS INC VS DIAL SECURITY

...request for judicial notice of the petition to compel arbitration filed by Digital on 9/18/13. To deny Dial Security's motion to amend judgment to add judgment debtor. In order for the court to amend the judgment to add John Becker, the John R. Becker Trust, and WEHD & Associates, the court must have personal jurisdiction over those parties. Dial Security does not demonstrate that the court has such jurisdicti...

...arbitration award was entered against Digital Security in 2014; indeed, Dial requested the arbitrator award judgment against John Becker. It was aware that Digital Security did not exist when it filed its motion to confirm the arbitration award in 2018. Moving party to give notice of this court's ruling.

  • Hearing

    Feb 19, 2020

RON HACKER VS HENRY LEVY, ET AL.

Ron Hacker v. Henri Levy, et al. (1) (2) and (3) DEMURRER TO SECOND AMENDED COMPLAINT; MOVING PARTY: (1) Defendant Adam Rossman; (2) Defendants Henri Levy, Gaelle II, LLC, 4865 Bakman, LLC, Gabriel Perez, and GNP Enterprises, LLC; (3) Defendants Macoy Capital Partners, Inc...

...Gabriel Perez, GNP Enterprises, LLC (Motion 2), Macoy Capital Partners, Inc. and Mitch Ohlbaum demur to the second amended complaint. TENTATIVE RULING: 1. Defendant Adam Rossman’s demurrer to the second amended complaint is SUSTAINED as to the sixth, thirteenth, and fourteenth causes of action. The demurrer is SUSTAINED without leave to amend as to the eighteenth cause of action. The demurrer is OVERRULED ...

  • Hearing

    Feb 19, 2020

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