Isham, Cara Jean V Key, Quanell

Case Number: 23STCP04480 Hearing Date: July 11, 2024 Dept: 51 Tentative Ruling Judge Upinder S. Kalra, Department 51 HEARING DATE: July 11, 2024 CASE NAME: Ace Funding Source LLC v. Azizi Imports Inc. d/b/a Azizi Imports, et al. CASE NO .: 23STCP04480 MOTION TO AMEND SISTER STATE JUDGMENT DUE TO CLERICAL ERROR UNDER CODE OF CIVIL PROCEDURE § 473(d) MOVING PARTY : Plaintiff Ace Funding Source LLC RESPONDING PARTY(S): None as of July 8, 2024 REQUESTED RELIEF: 1. An Order amending the sister state judgment entered against Azizi Imports Inc. d/b/a Azizi Imports; Flyby Auto Transport LLC d/b/a Flyby Auto Transport; Oversight, LLC d/b/a Oversight; Flyby Auto Transport LLC; and Jonathan Azizi. TENTATIVE RULING: 1. Motion to Amend Sister-State Judgment due to Clerical Error is GRANTED. STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS: On December 5, 2023, Plaintiff Ace Funding Source LLC (Plaintiff) filed an Application for Entry of Judgment on Sister-State Judgment (Application) against Defendants Azizi Imports Inc. d/b/a Azizi Imports; Flyby Auto Transport LLC d/b/a Flyby Auto Transport; Overight, LLC d/b/a Oversight; and Jonathan Azizi (Defendants). On December 12, 2023, the Clerk entered judgment. On April 22, 2024, Plaintiff filed notice of motion to amend the Sister-State Judgment. On May 13, 2024, the court continued the hearing on Plaintiffs motion to amend. On June 7, 2024, Plaintiff filed a memorandum of points and authorities and a declaration in support of its motion to amend the Sister-State Judgment. LEGAL STANDARD: Courts have inherent powers to correct judgments by a nunc pro tunc order where there has been a clerical error by clerk or by the judge himself, or where some provision of, or omission from, order or judgment was due to inadvertence, or mistake of court. ( Lane v. Superior Court of Siskiyou County (1950) 98 Cal App 2d 165, 219; Code Civ. Proc., § 473, subd. (d).) This includes clerical errors when made by an attorney who drafts the judgment. ( See In re Marriage of Kaufman (1980) 101 Cal.App.3d 147, 151.) However, while a trial court may correct clerical errors and misprisions in a judgment, it cannot amend a judgment once entered, if the error to be corrected is a judicial one, for instance if it embodies an intentional action of the court even though legally erroneous. ( Kamper v. Mark Hopkins, Inc. (1947) 78 Cal App 2d 885.) ANALYSIS : Plaintiff contends that Defendants Flyby Auto Transport LLC d/b/a Flyby Auto Transport, Oversight, LLC d/b/a Oversight, and Flyby Auto Transport LLC were not added to the courts docket due to a clerical error. Plaintiff further contends that these Defendants were listed in the Sister-State Judgment packet documents. Plaintiff seeks to have these Defendants added to the docket. Here, the court agrees there is a clerical error. The Judgment and Notice of Entry of Judgment entered on December 12, 2023 identify all Defendants. However, the courts docket only includes Defendants Azizi Imports Inc. d/b/a Azizi Imports and Jonathan Azizi. While Plaintiff does not seek revision of the documents themselves, Plaintiffs request is still proper because it is clearly a clerical error that the docket does not accurately reflect the entered Judgment. (Code Civ. Proc. § 183(3).) Accordingly, the court GRANTS Plaintiffs motion to amend. CONCLUSION: For the foregoing reasons, the Court decides the pending motion as follows: 1. Motion to Amend Sister-State Judgment due to Clerical Error is GRANTED. Moving party is to give notice. IT IS SO ORDERED. Dated: July 11, 2024 __________________________________ Upinder S. Kalra Judge of the Superior Court

Case Number: 23STCV07247 Hearing Date: July 11, 2024 Dept: 40 Superior Court of California County of Los Angeles Department 40 SURENDRA BHAVNANI DBA LAXMI IMPEX, Plaintiff, v. GREENLEAF DIAMONDS, LLC, ANDRE SENGUL DBA GREENLEAF DIAMONDS, and DOES 1 through 20, Defendants. Case No.: 23STCV07247 Hearing Date: July 11, 2024 Trial Date: N/A [TENTATIVE] RULING RE: Defendant Andre Sengul dba Greenleaf Diamonds, LLCs Motion to Set Aside Default and Default Judgment On May 16, 2023, Plaintiff SURENDRA BHAVNANI DBA LAXMI IMPEX (Plaintiff) filed the operative First Amended Complaint (FAC) against Defendants GREENLEAF DIAMONDS, LLC (GDL) , ANDRE SENGUL DBA GREELEAF DIAMONDS (Sengul), and DOES 1 through 20 (collectively, Defendants). The FAC asserts the following causes of action against all Defendants: 1. Breach of Contract 2. Book Account 3. Goods Sold and Delivered On June 28, 2023, default was entered against Defendant Sengul. Subsequently, default judgment was entered against Defendant Sengul in the amount of $101,364.86 on October 20, 2023. Defendant Sengul now brings a Motion to Set Aside/Vacate Default and Default Judgment, which Plaintiff has not opposed. A proof of service is attached to the motion showing service on Plaintiffs counsel at the address on the Judgment entered 10/20/23. After review, the Court GRANTS the Motion because Defendant Sengul has shown he did not have actual notice of the action in time to defend on the merits. Background Allegations This action involves seven written contractual agreements between Plaintiff and Defendant Sengul for the sale of certain diamonds to Defendants in the amounts of $394.00, $30,294.00, $5,680.00, $17,769.00, $14,650.00, $3,300.00, and $285.00. (Compl., ¶9, Ex. 1.) Each agreement was to be paid in full within 120 days from the date of each memorandum. ( Id. ) Defendant Sengul failed to make any payments on the seven agreements resulting in a balance owed of $72,372.00. ( Id. at ¶10.) Plaintiff made a demand for payment on the balance due and Defendant Sengul has refused to pay it. ( Id. at ¶11.) Motion to Set Aside/Vacate Default and Default Judgment Legal Standard : When service of a summons has not resulted in actual notice to a party in time to defend the action and a default or default judgment has been entered against him or her in the action, he or she may serve and file a notice of motion to set aside the default or default judgment and for leave to defend the action. The notice of motion shall be served and filed within a reasonable time, but in no event exceeding the earlier of: (i)¿two years after entry of a default judgment against him or her; or (ii)¿180 days after service on him or her of a written notice that the default or default judgment has been entered. (Code Civ. Proc., § 473.5(a).)¿¿ ¿ A notice of motion to set aside a default or default judgment and for leave to defend the action shall designate as the time for making the motion a date prescribed by subdivision (b) of Section 1005, and it shall be accompanied by an affidavit showing under oath that the partys lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect. The party shall serve and file with the notice a copy of the answer, motion, or other pleading proposed to be filed in the action. (Code Civ. Proc., § 473.5(b).) ¿ Upon a finding by the court that the motion was made within the period permitted by subdivision (a) and that his or her lack of actual notice in time to defend the action was not caused by his or her avoidance of service or inexcusable neglect, it may set aside the default or default judgment on whatever terms as may be just and allow the party to defend the action. (Code Civ. Proc., § 473.5(c).) Here, Defendant Sengul contends he has been living in Maui, Hawaii for the past ten years and working at his business Greenleaf Diamonds in Maui at the time the purported service of process was rendered. (Sengul Decl., ¶¶2-3, 7, Exs. 1-2.) Defendant Sengul further contends that the 4220 Mesa Drive, La Canada, Flintridge, CA property where the purported service of process was effectuated is his investment Airbnb property that was being rented out by third-party guests during the time service was rendered. ( Id. at ¶¶4-5, Exs. 3-4.) Moreover, Defendant Sengul asserts he became aware of this pending case in early March of this year, when he received a notice letter from his California bank that a deposition subpoena for his bank records had been issued by Plaintiffs counsel Timothy Krantz. ( Id. at ¶¶6, 13.) Defendant Sengul has provided photographic evidence that he was not physically present in California when the alleged personal service was effectuated. Defendant Sengul has also produced evidence that the property where service was effectuated was occupied by Airbnb guests at the time when service was rendered. Additionally, Defendant Sengul has submitted a proposed Answer with the instant motion. Lastly, Plaintiff has not opposed the present motion as to contest the arguments and evidence raised therein. Therefore, Defendant Sengul presents sufficient grounds for discretionary relief under Code of Civil Procedure Section 473.5. Conclusion Based on the foregoing, Defendant Andre Sengul dba Greenleaf Diamonds, LLCs Motion to Set Aside/Vacate Default and Default Judgment is GRANTED. Defendant Sengul is ordered to file his Answer within 20 days of this order.

Matter on the Law & Motion calendar for Thursday, July 11, 2024, Line 13. PLAINTIFF MARTHE SCHREIBER's Motion To Set Aside The Judgment. Ordered off calendar as untimely filed. For the 9:30 a.m. Law & Motion calendar, all attorneys and parties may appear in Department 302 remotely. Remote hearings will be conducted by videoconference using Zoom. To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number. Any party who contests a tentative ruling must send an email to contestdept302tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing. The court no longer provides a court reporter in the Law & Motion Department. Parties may retain their own reporter, who may appear in the courtroom or remotely. A retained reporter must be a California certified court reporter (CSR), for only a CSR's transcript may be used in California courts. If a CSR is being retained, include in your email all of the following: their name, CSR and telephone numbers, and their individual work email address. =(302/RBU)

23CV-03426 Discover Bank v. William Arteaga Court Trial Appearance required. Parties who wish to appear remotely must contact the clerk of the court at (209) 725-4111 to seek permission and arrange for a remote appearance. SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED Ex Parte Matters Hon. Brian L. McCabe Courtroom 8 627 W. 21st Street, Merced Wednesday, July 10, 2024 1:15 p.m. The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725-4111 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. Note: Notifying Court Call (the court’s telephonic appearance provider) of your intent to appear does not satisfy the requirement of notifying the court. IMPORTANT: Court Reporters will NOT be provided; parties wanting a hearing transcript must make their own arrangements. Case No. Title / Description There are no Ex Parte Matters Scheduled SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED Ex Parte Matters Judge Pro Tem Peter MacLaren Courtroom 9 627 W. 21st Street, Merced Wednesday, July 10, 2024 1:15 p.m. The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725-4111 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. Note: Notifying Court Call (the court’s telephonic appearance provider) of your intent to appear does not satisfy the requirement of notifying the court. IMPORTANT: Court Reporters will NOT be provided; parties wanting a hearing transcript must make their own arrangements. Case No. Title / Description There are no Ex Parte matters scheduled. SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED Ex Parte Matters Hon. Jennifer O. Trimble Courtroom 12 1159 G Street, Los Banos Wednesday, July 10, 2024 1:15 p.m. The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725-4111 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. Note: Notifying Court Call (the court’s telephonic appearance provider) of your intent to appear does not satisfy the requirement of notifying the court. IMPORTANT: Court Reporters will NOT be provided; parties wanting a hearing transcript must make their own arrangements. Case No. Title / Description There are no Ex Parte matters scheduled. SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED Limited Civil Long Cause Court Trials Judge Pro Tem Peter MacLaren Courtroom 9 627 W. 21st Street, Merced Wednesday, July 10, 2024 1:30 p.m. The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725-4111 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. Note: Notifying Court Call (the court’s telephonic appearance provider) of your intent to appear does not satisfy the requirement of notifying the court. IMPORTANT: Court Reporters will NOT be provided; parties wanting a hearing transcript must make their own arrangements. Case No. Title / Description There are no cases set for hearing. SUPERIOR COURT OF CALIFORNIA COUNTY OF MERCED Mandatory Settlement Conference Hon. Brian L. McCabe Courtroom 8 627 W. 21st Street, Merced Wednesday, July 10, 2024 1:30 p.m. The following tentative rulings shall become the ruling of the court unless a party gives notice of intention to appear as follows: 1. You must call (209) 725-4111 to notify the court of your intent to appear. 2. You must give notice to all other parties before 4:00 p.m. of your intent to appear. Per California Rules of Court, rule 3.1308(a)(1), failure to do both items 1 and 2 will result in no oral argument. Note: Notifying Court Call (the court’s telephonic appearance provider) of your intent to appear does not satisfy the requirement of notifying the court. IMPORTANT: Court Reporters will NOT be provided; parties wanting a hearing transcript must make their own arrangements. Case No. Title / Description

SUPERIOR COURT OF CALIFORNIA COUNTY OF VENTURA Tentative Ruling 201700491367CUOR: Sherwood Valley HOA vs New Mission 07/09/2024 in Department 21 Motion to Quash Specially Appearing Non-Party Amy Levan's Notice of Motion and Motion to Quash Service of Motion to Amend Judgment to Add Judgment Debtor The morning calendar in courtroom 21 will normally begin between 8:30 and 8:45 a.m. Please arrive at the courtroom no later than 8:30 a.m. The door will be opened before the calendar is called. The Court allows appearances by CourtCall but is not equipped for Zoom. If appearing by CourtCall, call in no later than 8:15 a.m. If you intend to appear by CourtCall, you must make arrangements with CourtCall by 4:00 p.m. the day before your scheduled hearing. Requests for approval of a CourtCall appearance made on the morning of the hearing will not be granted. No exceptions will be made. With respect to the tentative ruling below, no notice of intent to appear is required. If you wish to submit on the tentative ruling you can fax notice to Judge Riley's secretary, Ms. Sedillos at 805-289-8705, stating that you submit on the tentative. You may also email the Court at: Courtroom21@ventura.courts.ca.gov with all counsel copied on the email. Do not call in lieu of sending a fax or email. If you submit on the tentative without appearing and the opposing party appears, the hearing will be conducted in your absence. If you are the moving party and do not communicate to the Court that you submit on the tentative or you do not appear at the hearing, the Court may deny your motion irrespective of the tentative. Unless stated otherwise at the hearing, if a formal order is not signed at the hearing, the prevailing party shall prepare a proposed order and comply with CRC 3.1312 subdivisions (a), (b), (d) and (e). The signed order shall be served on all parties and a proof of service filed with the court. A "notice of ruling" in lieu of this procedure is not authorized. Tentative Ruling GRANTS nonparty Amy LeVan’s motion to quash Plaintiff Sherwood Valley Homeowners Association’s service of its motion to amend judgment to add judgment debtors. Although the law regarding what type of service is required for Plaintiff’s motion to amend the judgment is not entirely clear (compare Favila v. Pasquarella (2021) 65 Cal.App.5th 934, 947, fn. 10, with Reliant Life Shares, LLC v. Cooper (2023) 90 Cal.App.5th 14, 58), the Court concludes that for the purposes of Plaintiff’s motion to amend the more “suitable process…most conformable to the spirit of [the Code of Civil Procedure]” (see Code of Civil Procedure §187) is that Plaintiff be required to serve LeVan with its moving papers in the same manner as required for service of summons. As a result, the Court finds Plaintiff’s service of its motion to amend the judgment by mail on LeVan insufficient and quashes such service. 201700491367CUOR: Sherwood Valley HOA vs New Mission Based on the above, the Court continues the hearing on Plaintiff’s motion to amend the judgment, presently set for July 11, 2024, to August 15, 2024, to give Plaintiff sufficient time to effect service of its moving papers on LeVan in the manner required for service of process at least 16 court days prior to the August 15, 2024 hearing, and to file and serve proof of such service with the Court. The motion to amend the judgment is already fully briefed, and no additional briefing is authorized at this time. Analysis The Association’s motion to amend the judgment to add additional judgment debtors is brought pursuant to Code of Civil Procedure §187. Section 187 provides that: “When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code.” Because a motion to amend a judgment to add alter egos is not a “proceeding …specifically pointed out by this Code or the statute,” the Court may employ “any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code.” Stated differently, the procedural rules governing the Association’s motion to amend the judgment are not specified by statute, and therefore the Court must determine what procedural rules are appropriate (“most conformable to the spirit of this Code”) for such a proceeding. The Court notes that a motion to amend the judgment to add an alter ego as a judgment debtor is viewed by the courts as an equitable procedure pursuant to which the Court is not adding a new defendant, but merely inserting the correct name of the real defendant. (See Leek v. Cooper (2011) 194 Cal.App.4th 399, 419.) However, LeVan persuasively argues that unless and until the Court adjudicates that LeVan is an alter ego of the judgment debtor, New Mission, LLC (“New Mission”), LeVan is legally a separate person from New Mission and therefore the Court needs to acquire jurisdiction over LeVan in an appropriate manner to rule on the merits of the alter ego allegations. There is appellate authority standing for the procedure that a motion to amend the judgment pursuant to §187 must be a noticed motion. (See, e.g., Wells Fargo Bank, N.A. v. Weinberg (2014) 227 Cal.App.4th 1, 9 [Stating that: “Code of Civil Procedure section 187 contemplates a noticed motion.”].) However, there appears to be a dearth of authority directly addressing the issue of how a nonparty alleged alter ego should be served with notice of such a motion and the moving papers. There is authority suggesting – without explicitly holding –that the Association’s moving papers in support of the motion should have been personally served on LeVan, because such service is in the spirit of the provisions in the Code of Civil Procedure regarding initiating a lawsuit against 201700491367CUOR: Sherwood Valley HOA vs New Mission a party. For example, the 2nd District Court of Appeal stated the following with respect to service of a motion to amend a judgment on the person allegedly the alter ego of the judgment debtor: “As discussed, the Estate personally served the motion to amend on Pasquarella, at the time no longer a party in the Get Flipped litigation, and not her counsel of record in the Moofly Productions litigation—a procedure that was entirely proper, although perhaps not a model of professional courtesy. (Cf. §§ 415.10 [requiring personal service of papers initiating a lawsuit], 684.020, subd. (a) [requiring postjudgment papers be served on postjudgment debtor, not debtor's counsel, absent a request on file with the court].) (Pasquarella was also served as the registered agent for judgment debtor Moofly Productions.)” (Favila v. Pasquarella (2021) 65 Cal.App.5th 934, 947, fn. 10.) There is 2nd District Court of Appeal authority suggesting that service of a motion to amend judgment is affected by the presence or lack thereof of evidence regarding alter ego status. “As Ms. Cainong necessarily concedes, the service at issue here is not the service of a summons and complaint, and she offers no authority for her contention that the motion to amend the judgment was ‘akin’ to service of a summons and complaint. In the absence of any such authority, we see no reason to treat Cooper's motion to amend the judgment as subject to different procedural requirements than any other motion. Particularly is this so given the court's findings in phase one of the trial that the evidence established Michaels used the three trusts as extensions of himself.” (emphasis added) (Reliant Life Shares, LLC v. Cooper (2023) 90 Cal.App.5th 14, 58 [“Reliant”].) Here, unlike in Reliant, the Association fails to submit any evidence that this Court made any findings at or prior to trial that any of the third parties the Association seeks to add to the judgment “used [New Mission] as extensions of [themselves].” The very limited case law on the issue does not provide a clear answer as to what kind of service of the present motion to amend the judgment is required with respect to LeVan. The Court adopts the more conservative approach approved of in Favila v. Pasquarella, and requires the Association to serve LeVan personally with the moving papers, as this is more likely to avoid potential jurisdictional issues with any amended judgment against LeVan. The Court will require the Association to serve LeVan with its moving papers in the same manner as required for service of process. In her Reply Brief, LeVan argues that Court lacks the discretion to continue the hearing because it does not presently have jurisdiction over the controversy between the parties. The Court rejects LeVan’s argument because, inter alia, in her May 16, 2024 ex parte application LeVan previously requested an order continuing the hearing on the Association’s motion to amend the judgment, which request was granted in part, and therefore she will not be heard to argue that the Court lacks either the jurisdiction or power to continue the hearing. 201700491367CUOR: Sherwood Valley HOA vs New Mission The hearing on the Association’s motion to amend the judgment is presently set for July 11, 2024. The Court will continue the hearing on the motion for approximately five weeks to August 15, 2024, to give the Association sufficient time to effect service of its moving papers on LeVan in the manner required for service of process at least 16 court days prior to the August 15, 2024 hearing, and to file and serve proof of such service. The Court does not authorize any additional briefing on the motion for leave to amend, as the matter has already been fully briefed.

CV-23-002760 - ROCKY TOP RENTALS LLC vs STANLEY, ROBERT JASON - Plaintiff's Application for Writ of Possession - DENIED, as MOOT, in view of entry of Defendants’ defaults on 6-24-24.

SIERRA CENTRAL CREDIT UNION VS. BOWEN Case Number: 23CVG-00603 This matter is on calendar for confirmation of Judgment. The Court’s June 5, 2024 Ruling after trial ordered Defendant to submit a proposed judgment for the Court’s signature. No proposed judgment has been filed. No status report has been filed. An appearance is necessary on today’s calendar.

23CV-03377 Citibank, N.A. v. April Gonzalez Court Trial Appearance required. Parties who wish to appear remotely must contact the clerk of the court at (209) 725-4111 to seek permission and arrange for a remote appearance.