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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.
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CIV 110 ATTORNEY OR PARTY WITHOUT ATTORNEY Name State Ba num er and address FOR COURTUSEONLY ALEXANDER V HETTENA ESQ SBN 270269 THE HETTENA LAW FIRM 31348 VIA COLINAS 106 WESTLAKE VILLAGE CA 91362 TELEPHONENO Ut k s s 818 735 9570 FAX NO OptionaQ1 tStR322 4709 5 r 1 f a T Q r r E MAIL ADDRESSOptional a eX@tYlelletCCIlSISW llI11 00111 n rf f izjq r y Y f ATTORNEY FOR Name i E j 4 SEALMASTER SAN BERNARDINO f x r SUPERIOR COURT OF CALIFORNIA COUNTY OF 2 1 srReEr AooRess 247 West Third Street MAILING ADDRESS24 WeSt Tlllyd StP28t BY My San Bernardino cirv allo ziP cooe 92415 0210 tvS i i F r y 1 r J BRANCH NAME San Bernardino District Civil Division PLAINTIFFJPETITIONER SEALMASTER OF SOUTHERN CALIFORNIA DEFENDANT RESPONDENT KAD Paving Company et al REQUEST FOR DISMISSAL CASENUMBER CIVDSISIE 113 A conformed copy will not be returned by the clerk unless a method of return is povided with the document This form may not be used for dismissal of a derivative action or a class action or of any party or cause of action in a class action Cal Rules of Court rules 3 760 and 3 770 1 TO THE CLERK Please dismiss this action as follows a 1 0 With prejudice 2 OX Withoutprejudice b 1 Complaint X 2 0 Petition Cross filed 3 0 complaint by name on date 4 Cross complaint filed by name on date 5 Entire action of all parties and all causes of action 6 X Other Does 1 through 20 as to all causes of action specify 2 Complete in a cases except family law cases The court 0 did X did not waive court fees and costs fora party in this case This information may be obtained from the clg k If Gou f san sts were waived the declaration on the back of this form must be comp eted Date 111 c c t ALEXANDER V HETTENAx ESQ fYPE OR PRINT NAME OFX ATTORNEY PARTY WITHOUT ATTORNEI SIGNATUR If dismissal requested is of specified parties onlyof spec edcauses oi action Attorney or party without attorney for the only or of specified crosscomplamts only so stateand identify parties Plaintiff Petitioner or cross complaints to be dismissed causes of action DefendanUResP ondent 0 Cross Complainant 3 TO THE CLERK Consent to the above dismissal is hereby given Date fYPE OR PRINT NAME OF ATTORNEY PARTY WITHOUT ATTORNEY SIGNATUR Ifa cross complaint or Response Famity Law seekinga rmative Attorney or party without attorney for reliefis on file the attorney for cross complainant respondentmust Plaintiff Petitioner signthis by Gode of Civil Procedure section 581 consent rf required i 0 0 Defendant Respondent o 0 Cross Complainant To be comp eted by clerk 4 4 Dismissal entered as requested on date 5 Dismissal entered on date as to only name 6 Dismissal not entered as requested for the followingreasons specify Q 7 a Attorney or party without attorney notified ondate b 0 Attorney or party without attorney not notified Filing party failed to provide be a copy to conformed 0 means to return conformed copy Clerk by Date Deputy APR ZO1 HENRY ANDRIANO Page 1 of 2 Form Adopted for Use Mandatory Code of Civil Procedure 581 et seq Judicial Council of Calrfornia REQU EST FOR DISMISSAL Gov Code 68637 c Cal Rules of Court rule 3 1390 CIV 110 Rev Jan 1 2013 www couRs ca gov W 8 CIV 110 PLAINTIFF PETITION R SEALMASTER OF SOUTHERN CALIFORNIA CASE NUMBER DEFENDANT RESPONDENT qD CIVDS1516113 Paving Company et al COURT S RECOVERY OF WAIVED COURT FEES AND COSTS If a party whose court feesand costs were initially waivedhas recovered or will recover 10 000 or more in value by way of settlement compromise arbitration award mediation settlement or other means the court has a statutorylien onthat recovery The court may refuse to dismiss the case until the lien issatisfied Gov Code 68637 Declaration Concerning Waived Court Fees 1 The court waived court fees and costs in this action for name 2 The person named in item 1 is check one be ow a 0 not recovering anything of value by this action b 0 recovering less than 10 000 in value by this action c recovering 10 000 or more in value by this action If item2c is checked item 3 must be completed have been to the Yes No 3 0 All court feesand court costs thatwere waived in thisaction paid court check one Ideclare under penalty of perjury under the laws of theState of California that the information above is true and correct Date SIGNATUR TYPE OR PRINT NAME OF ATTORNEY PARTY MAKING DECLARATION CIV 1 10 Rev 1 2013 Page 2 of2 January REQUEST FOR DISMISSAL