Related Content
in San Bernardino County
Ruling
LVNV Funding, LLC vs Esther Canal An Individual
Jul 10, 2024 |
23CV-01524
23CV-01524 LVNV Funding, LLC v. Esther Canal
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.
Ruling
ROCK CREEK CAPITAL, LLC VS NORMA S CARCAMO
Jul 11, 2024 |
23CHCV00264
Case Number:
23CHCV00264
Hearing Date:
July 11, 2024
Dept:
F47 Dept. F47
Date: 7/11/24
Case #23CHCV00264
MOTION TO DEEM REQUESTS FOR ADMISSIONS ADMITTED
Motion filed on 4/4/24.
MOVING PARTY: Plaintiff Rock Creek Capital, LLC
RESPONDING PARTY: Defendant Norma S. Carcamo
NOTICE: ok
RELIEF REQUESTED
: An order
deeming the truth of matters specified in Plaintiffs Request for Admissions served on Defendant Norma S. Carcamo.
RULING
: The motion is granted.
SUMMARY OF ACTION & PROCEDURAL HISTORY
On 1/30/23, Plaintiff Rock Creek Capital, LLC (Plaintiff) filed this action against Defendant Norma S. Carcamo (Defendant) for breach of contract.
On 4/4/23, Defendant, representing herself, filed an answer to the complaint.
On 2/2/24, Plaintiff served Defendant, by
U.S. Mail, with Requests for Admissions, Set 1.
(Aguirre Decl., Ex.1).
Defendant failed to serve responses.
(Aguirre Decl.).
Therefore, on 4/4/24, Plaintiff filed and served the instant motion seeking an order deeming the truth of matters specified in Plaintiffs Request for Admissions served on Defendant.
Defendant has not opposed or otherwise responded to the motion.
ANALYSIS
Due to Defendants failure to respond to the Requests for Admissions, Plaintiff is entitled to an order deeming the matters admitted.
CCP 2033.280(b), (c).
CONCLUSION
The motion is granted.
Ruling
BANK OF AMERICA, N.A. VS. XIONGYING CHEN
Jul 11, 2024 |
CGC22601958
Matter on the Law & Motion calendar for Thursday, July 11, 2024, Line 5. PLAINTIFF BANK OF AMERICA, N.A.'s HEARING ON CLAIM OF EXEMPTION. The judgment debtor's claim of exemption is granted. (CCP 704.190.) 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. If the court adopts the tentative ruling, it will execute a judicial council form of order reflecting the tentative. 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)
Ruling
VANESA O'HANLON VS. TONY GARNICKI ET AL
Jul 11, 2024 |
CGC23610527
Matter on the Law & Motion calendar for Thursday, July 11, 2024, Line 16. PLAINTIFF VANESA O'HANLON's Application And Hearing For Right To Attach Order And Writ Of Attachment. "Plaintiff's application for right to attach order and order for issuance of writ of attachment" is denied. This action regards a series of oral loans - several involving credit cards - that plaintiff allegedly made to defendant and he did not fully re-pay. The motion is denied for two principal reasons. First, the amount of plaintiff's claims is not "fixed or readily ascertainable." (CCP 483.010(a).) For example, plaintiff concedes she is "unable to locate my credit card statements to correctly charge" defendant. (O'Hanlon Dec. 3:1-3.) Second, plaintiff has not "established the probable validity" of her claims. (CCP 484.090(a)(2).) For example, plaintiff concedes the loans - all oral - began "in April 2017," raising serious statute-of-limitations issues. (O'Hanlon Dec. 1:25; CCP 339.) The court does not rely on defendant's untimely opposition for the above, but rather plaintiff's own declaration. 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. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. 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 msay 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)
Ruling
ACE FUNDING SOURCE LLC VS AZIZI IMPORTS INC. D/B/A AZIZI IMPORTS, ET AL.
Jul 11, 2024 |
23STCP04480
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
Ruling
SAN FRANCISCO FEDERAL CREDIT UNION VS. YUON LAU ET AL
Jul 10, 2024 |
CGC16553110
Matter on the Law & Motion calendar for Wednesday, July 10, 2024, Line 3. ASSIGNEE TK CREDIT RECOVERY's Motion To Add Defendant'S Alias And Non Debtor'S Spouse Name To Abstract Of Judgment. TK Credit Recovery's unopposed "motion to add defendant's alias and non-debtors spouse's name to abstract of judgment" is granted. 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. Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept302tr@sftc.org prior to the hearing even if the tentative ruling is not contested. 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)
Ruling
- ROCKY TOP RENTALS LLC vs STANLEY, ROBERT JASON
Jul 10, 2024 |
CV-23-002760
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.
Ruling
SOCAL LIEN SOLUTIONS LLC VS GOODMAN SANTA FE SPRINGS SPE LLC
Jul 11, 2024 |
24NWCV00662
Case Number:
24NWCV00662
Hearing Date:
July 11, 2024
Dept:
C
SOCAL LIEN SOLUTIONS LLC v. GOODMAN SANTA FE SPRINGS SPE LLC
CASE NO.:
24NWCV00662
HEARING:
07/11/24
#6
Defendant GOODMAN SANTA FE SPRINGS SPE LLCs
Demurrer to Plaintiffs Complaint is
CONTINUED
to
Thursday, August 15, 2024 at 9:30 a.m. in Dept. SE-C
.
Moving Party to give notice.
Defendant GOODMAN SANTA FE SPRINGS SPE LLC generally demurs to each cause of action contained in Plaintiffs Complaint.
On June 26, 2024, before Plaintiffs Opposition to this Demurrer was due, Plaintiff filed and served a Notice of Errata intended to augment inadvertent errors in its complaint at Exhibit D. (Ntc. of Errata, 06/26/24.) It appears that this new Exhibit D intends to amend the initial pleading.
A party may amend its pleading once without leave of court at any time before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike. (emphasis added.) (CCP §472.)
Although Plaintiff did not file, serve, or move for leave to file an amended pleading,
it is well-settled that California recognizes a general rule of&liberal allowance of amendments& (
Nestle v. City of Santa Monica
(1972) 6 Cal.3d 920, 939.)
In the interests of judicial efficiency and in light of the liberal policy concerning amendments, the Court utilizes its discretion to grant Plaintiff leave to file a First Amended Complaint incorporating the new exhibit attached as Exhibit D to Plaintiffs Notice of Errata.
Plaintiff is
ORDERED
to file and serve a First Amended Complaint within 5 days from the date of the Courts issuance of this Order. If the FAC is timely filed and served, the subject Demurrer will be taken off-calendar as MOOT on the continued hearing date. If the FAC is not timely filed and served, the Court will issue a ruling on this subject Demurrer, on the merits.
Preview
w c L or Party without Attorney Attorney For Court Use Only t Brian N 1Ninn state bar no 86779 Winn Law Group a P c F i L E D 110 E Wilshire Ave 212 UPERIOR COURT OF C LIFORNI COUNTYOF SAN 9ERNR nINO Fullerton CA 92832 AN BERNARt n n r IVISlO Phone Number 714 446 6686 Attorne For Plaintiff File No 15 12015 NOV 2 5 2015 Insert name of Court Judiciaf District and Branch Court Central y Sarr Bernardino Gounty Superior Court Depu Plaintiff Wells Fargo Financial National Bank Vi ri a Ofivares Defendant Loriann Salin Proof of Service Hearing Date Time DeptlDiv Case Number CIVDS1515856 Separate proof of service is required for each party served 1 At the time of service I was at least 18 years of Age and not party to this action 2 served capies di the Summons complaint notice of case assignment for all purposes notice of case management conference and order to show cause regarding service of summons and complaint adr package civil case cover sheet certificate of assignment 3 a Party Served Loriann Salin b Pecson Served Mario Fantosi co tenant 4 Address Where the 494 S Macy St Spc 47 party was served San Bernardino CA 92410 5 I served the party named in item 3a by leaving copies with or in the presence of Mario Fantosi co tenant on Friday November 20 2015 At 8 15 a m a Substituted service on an individual By leaving copies at the office dwelling house usual place of abode or usual place of business or usual mailing address of theperson served with a person who was apparently in charge at least 18 years of age who was informed the general nature of the papers and thereafter mailing by first class mail postage prepaid copies to the person served at the place the copies were left CCP 415 20 b Date of mailing Friday November 20 2015 From city Orange CA 92869 6 The notice to the person served on the summons was completed as follows CCP 412 30 415 10 and 474 as an individual defendant 7 Person who served papers Mike Barker Recoverable Cost Per CCP 1033 5 a 4 B 60 00 The Process Server d Registered Califomia process server 2560 E Chapman Avenue 155 2 Registration No PSC 1447 Orange CA 92869 3 County Orange 714 328 0193 g I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct zF f Date Monday November 23 2015 f Form Adopted for Mandatory Use Judicial Council of California Signature POS 010 Rev January 1 2007 PROOF OF SERVICE Attorney or Party without Attorney For Court Use Only Brian N Winn state bar no 86779 Winn Law Group AP C 1 10 E Wilshire Ave 2T2 Fullerton CA 92832 Phone Number 714 446 6686 Attorne For Plaintiff File No 15 12015 Insert name of Court Judicial District and Branch Court San Bernardino County Superior Court Central Plaintiff Wells Fargo Financial Nafional Bank Defendant Loriann Salin Reasonable Due Diligence Hea ing Date Time Dept Div Case Number CIVDS151 5856 1 DOCUMENTS Summons complaint notice of case assignment for all purposes notice of case management conference and order to show cause regarding seivice ef summons and complaint adr ackage civil casecover sheet certificate of assignment 2 IMIKE BARKER and any employees or independent contractors retained by THE PROCESS SERVER are and were on the dates mentioned herein over the age of eighteen years and not party to this action Personal service was attempted on the DEFENDANT Loriann Salin ADDRESS 494 S Macy St Spc 47 SanBernardino CA 92410 DATE TIME LOCATION RESULT Monday November 16 2015 7 08 p m Residence No answer at the door attempt made b Mike Barker wednesday November 18 2015 g 34 a m Residence No answer at the door attempt made b Mike Barker Thursday November 19 2015 6 13 p m Residence No answer at the dooc attempt made by Mike Barker Friday November 20 2015 8 15 a m Residence Substituted service on Loriann Sxlin 6 lea ii n c ocuments with Mario F antosi co tenant Se vice made b Mike Barker 3 Person Recoverable Cost Per CCP 1033 5 4 B executing a Mike Barker a Fee Service 60 00 The Process Server b Independent Contractor of Registered California Process Server 2560 E Chapman Avenue 155 2 Registration No PSC 1447 Orange CA 92869 3 County Orange 714 328 0193 I declare under penalty of perjury under the laws of the state of California that the foregoing is true and correct c v Date November 23 2015 d Signature DECLARATION RE DILIGENCE