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in Lake County
Ruling
CREDIT CORP SOLUTIONS INC., VS. JASON JONES ET AL
Jul 12, 2024 |
CGC24612007
Matter on the Law & Motion calendar for Friday, July 12, 2024, Line 14. DEFENDANT JASON JONES' Motion To Deem Facts Admitted. Continued to July 26, 2024, to be heard on the court's discovery calendar at 9:00 a.m. =(302/RCE)
Ruling
LVNV Funding LLC vs Michelle Reed
Jul 10, 2024 |
22CV-02837
22CV-02837 LVNV Funding, LLC v. Michelle Reed
Order to Show Cause re: Dismissal-Notice of Settlement
Appearance required to address whether case can be dismissed. A Notice of Settlement
of Entire Action was filed on December 7, 2022, stating that a dismissal would be filed by
April 14, 2024. No request for dismissal has been filed. (See Cal. Rules of Ct., rule
3.1385(c).)
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
American Express National Bank vs. Conway, Scott
Jul 15, 2024 |
S-CV-0052368
S-CV-0052368 American Express National Bank vs. Conway, Scott
No appearance required. CMC is continued to 10/07/24 at 2pm in Dept. 6.
Complaint is not at issue - Need responsive pleading, default or dismissal as to
Defendant(s): Conway, Scott
Additionally, no proof of service has been filed as to Defendant(s): Conway, Scott
Ruling
TD Bank USA, NA vs Touch, KC
Jul 10, 2024 |
24CV00043
24CV00043 TD Bank USA, NA v. Touch, KC
EVENT: Plaintiff’s Motion to Deem Matters Admitted
Plaintiff’s Motion to Deem Matters Admitted is GRANTED. The Court will sign the proposed
order.
3-||4. 24CV00299 Armatis, Katrina v. Goldstein, Rachel Lynn
EVENT: (1) Defendant AirBNB Inc.’s Motion to Compel Arbitration and For Stay of
Proceedings Pending Disposition of this Motion and Arbitration
(2) Case Management Conference
Defendant Airbnb Inc.’s Motion to Compel Arbitration and Stay Proceedings is
GRANTED. This case is stayed in its entirety pending arbitration. A Case Management
Conference is hereby scheduled for December 11, 2024 at 10:30am.
1
||5. 24CV00970 In re: MacNeil, Kaci
EVENT: Change of Name (minor) (Continued from 5/22/24)
There is no proof of publication on file. Upon the filing of the proof of publication, the Court
will sign the decree provided.
6-||7. 22CV02404 Guinn, Lisa v. Graham Solar Systems, Inc. et al.
EVENT: (1) Motion to Be Relieved as Counsel (Defendant Nicholas Graham)
(2) Motion to Be Relieved as Counsel (Defendant Graham Solar Systems Inc.)
(Continued from 6/12/24)
Both motions to be relieved as counsel are granted. The court will sign the proposed orders.
The orders will become effective upon the filing of the proof of service indicating Defendants
were served with the order.
2|Page
8-||10. 19CV01226 Randolph, Teresa v. Trustees of the California State University et al.
EVENT: (1) Defendant Board of Trustees of the California State University’s Motion to
Compel Further Responses to Requests for Admissions and for Sanctions;
(2) Defendant Board of Trustees of the California State University’s Motion to Compel
Responses to Requests for Production of Documents and for Sanctions;
(3) Defendant Board of Trustees of the California State University’s Motion to Compel
Responses to Interrogatories and for Sanctions
Continued from 6/26/24
These discovery motions are unopposed.
Defendants’ Motions are granted in their entirety to the extent Plaintiff’s verifications do not
comply with the Code of Civil Procedure as they are not under penalty of perjury. Plaintiff is
ordered to provide further code complaint verifications within 10 days of notice of this order.
As to other issues, the Court rules as follows.
Production of Documents
Request No. 103 – As it appears Plaintiff has failed to follow through with her promise to
produce documents, Plaintiff is ordered to produce responsive documents within 10 days of
notice of this order.
Request No. 105 – The objections are untimely and must be removed. As to the adequacy of
the response, the response seems to indicate Plaintiff cannot comply, but the response
includes the qualifier “nearly all” documents were destroyed. Thus, it is unclear whether
Plaintiff has any responsive documents. Further response is required.
Request No. 107 - The objections are untimely and must be removed. As to the adequacy of
the response, the response seems to indicate Plaintiff cannot comply, but the response
includes the qualifier “nearly all” documents were destroyed. Thus, it is unclear whether
Plaintiff has any responsive documents. Further response is required.
Special Interrogatories, Set Two
Interrogatory No. 26 – Although Plaintiff’s alleged inconsistent statements might potentially be
considered in other contexts, the Court finds the response to this question is sufficient for
purposes of the discovery statutes.
Interrogatory No. 27 – Unlike Interrogatory No. 26, this response is evasive considering it asks
whether Plaintiff attempted to contact Ms McRae. A response of “unknown” to that request is
3|Page
evasive. It is within her personal knowledge, and she either attempted to contact her, or she
didn’t. Further response is required.
Form Interrogatories
Interrogatory No. 217.1 – To the extent Plaintiff seeks to respond by employing CCP section
2030.230 by referring to other documents, the Court finds the subject requests are not the
type of requests necessitating a summary. Even if they were, simply making a general referral
to deposition transcript is not a sufficiently specific response for purposes of section 2030.230.
Special Interrogatories, Set Three
Interrogatory No. 36 - Similar to interrogatory 217.1, general reference to deposition
transcripts and documents produced is simply not specific enough.
Plaintiff is ordered to provide further substantive responses as discussed within 10 days of
notice of this order. Defendant is awarded sanctions in the amount of $ 2,950.00.
Ruling
DIMERCO EXPRESS USA CORP. VS CONCORD DISPLAYS, LLC, A LIMITED LIABILITY COMPANY
Jul 12, 2024 |
22AHCV00898
Case Number:
22AHCV00898
Hearing Date:
July 12, 2024
Dept:
3
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF LOS ANGELES - NORTHEAST DISTRICT
DIMERCO EXPRESS USA CORP.
,
Plaintiff(s),
vs.
CONCORD DISPLAYS, LLC, et al.
,
Defendant(s).
)
)
)
)
)
)
)
)
)
)
)
CASE NO.:
22AHCV00898
[TENTATIVE] ORDER RE:
APPLICATION FOR DEFAULT JUDGMENT
Dept. 3
8:30 a.m.
July 12
, 2024
)
Plaintiff Dimerco Express USA Corp. (Plaintiff) requests a default judgment against defendant Concord Displays, LLC (Defendant) in the amount of $24,630.97. On May 23, 2042, Plaintiff filed a declaration of counsel attaching a settlement agreement which provides for the entry of a stipulated judgment pursuant to Code of Civil Procedure section 664.6. In light of this agreement, Plaintiffs attempt to secure a default judgment is procedurally incorrect. Plaintiff should be moving for entry of a judgment pursuant to stipulation and submit a proposed judgment that reflects its stipulated nature. Accordingly, the hearing on the default prove-up is vacated and the Court sets an OSC re: Dismissal for _____________ in order to allow Plaintiff time to file a noticed motion.
Dated this
12th
day of
July
, 2024
William A. Crowfoot
Judge of the Superior Court
Parties who intend to submit on this tentative must send an email to the Court at ALHDEPT3@lacourt.org indicating intention to submit on the tentative as directed by the instructions provided on the court website at www.lacourt.org. Please be advised that if you submit on the tentative and elect not to appear at the hearing, the opposing party may nevertheless appear at the hearing and argue the matter. Unless you receive a submission from all other parties in the matter, you should assume that others might appear at the hearing to argue. If the Court does not receive emails from the parties indicating submission on this tentative ruling and there are no appearances at the hearing, the Court may, at its discretion, adopt the tentative as the final order or place the motion off calendar.
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
MARTHE SCHREIBER VS. JOSEPH P BRENT AND FIOL, DAVID LLP
Jul 11, 2024 |
CGC23604588
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)