Recent Rulings by Hon. Peter A. Hernandez

• ROBERT J. GENOVA, ET AL. VS ADENHEIM, INC., A CALIFORNIA CORPORATION

  Jan 14, 2021 |  Los Angeles County

  Plaintiffs’ application for default judgment is DENIED without prejudice for the following reasons:

  1. Mandatory JC Form CIV-100. (CRC 3.1800(a).)

  [While Plaintiff submitted the correct CIV-100 Form, the box for Court Judgment has not been checked.]

  2. Dismissal of all parties again...

• CR&R INCORPORATED, A CALIFORNIA CORPORATION VS ROBERT O'NEILL

  Jan 14, 2021 |  Los Angeles County

  After hearing Defendant Robert O’Neill’s demurrer to the complaint is SUSTAINED with leave to amend.

  Judicial notice is taken of Defendant Robert O’Neill’s (“Defendant”) Exhibit 1. (Evid. Code §§ 452, 453.)

  A demurrer for sufficiency tests whether the complaint states a cause of action. (Ha...

• (NO CASE NAME AVAILABLE)

  Jan 14, 2021 |  Los Angeles County

  Specially Appearing Defendant Robert Howard’s motion to quash for insufficiency of service of process is DENIED.

  Specially Appearing Defendant Robert Howard (“Defendant”) moves to quash defective service.

  A defendant, on or before the last day of his or her time to plead or within any furth...

• CR&R INCORPORATED, A CALIFORNIA CORPORATION VS ROBERT O'NEILL

  Jan 14, 2021 |  Los Angeles County

  Defendant Robert O’Neill’s demurrer to the complaint is OVERRULED.

  Judicial notice is taken of Defendant’s Exhibit 1. (Evid. Code §§ 452, 453.)

  A demurrer for sufficiency tests whether the complaint states a cause of action. (Hahn v. Mirda (2007) 147 Cal.App.4th 740, 747.) When considering ...

• XI WEN FANG VS ANDORRA INTERNATIONAL, INC., ET AL.

  Jan 14, 2021 |  Los Angeles County

  Defendants Andorra International, Inc., Chun Yong Liu, and Tao Pang’s demurrer to the Second Amended Complaint is SUSTAINED in part and OVERRULED in part.

  Defendants Andorra International, Inc., Chun Yong Liu, and Tao Pang’s (collectively “Defendants”) Request for Judicial Notice of Exhibits 1-2 ar...

• LIDIA S. PAREDES VS TRINITY FINANCIAL SERVICES LLC

  Jan 13, 2021 |  Los Angeles County

  Defendant Trinity Financial Services LLC’s demurrer to the first amended complaint is SUSTAINED. The court will hear from Plaintiff regarding any grounds warranting leave to amend.

  JUDICIAL NOTICE is taken of Defendant Trinity Financial Services, LLC’s Exhibits 1-10. (Evid. Code § 451, 452.)

  <...

• GLOBAL HAWK INSURANCE COMPANY VS BLUE LINE FREIGT, INC., DBA MIDWEST TRANSPORTATION, ET AL.

  Jan 12, 2021 |  Los Angeles County

  Plaintiff’s application for default judgment is DENIED without prejudice for the following reasons:

  1. Attorney fees are unsupported by contract, statute or law. (CRC 3.1800 (a)(9); Local R. 3.214.) Attorney declaration fails to state under what authority (i.e., contract provision for breach of con...

• STEVE QI VS JANETTE FITZPATRICK, ET AL.

  Jan 12, 2021 |  Los Angeles County

  Plaintiff Steve Qi’s Motion to Compel Responses to Form Interrogatories, Set One, is GRANTED. Sanctions are imposed against Defendants in the reasonable sum of $1,035.00 payable within 30 days.

  Plaintiff Steve Qi (“Plaintiff”) moves Defendants Janette Fitzpatrick, Kyle Fitzpatrick, Jennifer Hernand...

• DANIEL HASSO VS YIOLA AWABDY

  Jan 12, 2021 |  Los Angeles County

  Plaintiff Daniel Hasso’s motion to compel Defendant Jamal Dawood’s responses to request for production of documents, set one is GRANTED.

  Plaintiff Daniel Hasso (“Plaintiff”) moves the court to compel Defendant Jamal Dawood (“Defendant”) to further respond to Plaintiff’s Request for Production of Do...

• JOSE JUAN ALEJO HUAZANO VS SALVADOR ESTEBAN RIVERA, ET AL.

  Jan 12, 2021 |  Los Angeles County

  Defendant Salvador Esteban Rivera and United States Postal Service (“Defendants”) move the Court for an order striking certain allegations in the First Amended Complaint (“FAC”) along with the prayers for punitive damages in the operative complaint.

  Under Code of Civil Procedure section 435, “[a]ny...

• US AIR CONDITIONING DISTRIBUTORS, LLC, A LIMITED LIABILITY COMPANY VS ANTHONY JOSEPH HUNTER

  Jan 11, 2021 |  Los Angeles County

  Plaintiff’s application for default judgment is GRANTED with the following revisions:

  1. Prejudgment interest adjusted to $3,714.89.

  18% interest rate per annum is unsupported by contract. Thus, the court has applied the statutory default rate of 10% for contracts.(Civ. Code § 3289(b).)

  ...

• JOSEPH SAMEC VS GUY GRIFFITHE

  Jan 11, 2021 |  Los Angeles County

  Plaintiff Joseph Samec’s motion to adopt his proposed protective order is conditionally GRANTED with an “attorney eyes only” provision that would restrict Plaintiff access to the bank records of Defendant Guy Griffithe. Defendants are to file with the Court their proposed “attorney eyes only” provision wit...

• RODOLFO IVAN MELO VS DAVID GOMEZ, ET AL.

  Jan 07, 2021 |  Los Angeles County

  Plaintiff’s application for default judgment is DENIED without prejudice for the following reasons:

  Attorney fees are unsupported by contract, statute or law. (CRC 3.1800 (a)(9).) No Declaration of Attorney filed which states under what authority (i.e., contract provision for breach of contract cla...

• ALLIED REFRIGERATION INC. VS TURBO COIL INC., A SOS/FTB SUSPENDED CALIFORNIA CORPORATION, ET AL.

  Jan 07, 2021 |  Los Angeles County

  Plaintiff’s application for default judgment is GRANTED with the following revisions:

  1. Attorney fees adjusted to $0.00.

  Attorney fees are unsupported by contract, statute or law. (CRC 3.1800 (a)(9).) No Declaration of Attorney filed which states under what authority (i.e., contract provis...

• CREDITORS ADJUSTMENT BUREAU, INC. VS WHITTIER ENTERPRISES, LLC

  Jan 06, 2021 |  Los Angeles County

  1. Plaintiff Creditors Adjustment Bureau, Inc.’s motion to compel further discovery responses from Defendant Whittier Enterprise, LLC is GRANTED.

  Plaintiff Creditors Adjustment Bureau, Inc. (“Plaintiff”) moves the court to compel Defendant Whittier Enterprise, LLC (“Defendant”) to further respond t...

• KELLY SCHWALBAH VS VNA HOSPICE AND PALLIATIVE CARE OF SOUTHERN CALIFORNIA, ET AL.

  Jan 06, 2021 |  Los Angeles County

  1-2. Attorneys Brent Moffett’s and Stephen T. Moffett’s applications for admission pro hac vice to represent Defendants Sunbeam Products, Inc. and Walmart Inc. are CONDITIONALLY GRANTED, upon showing that the statutory fees have been forwarded to the State Bar along with the applications.

  Applicati...

• JOSE JUAN ALEJO HUAZANO VS SALVADOR ESTEBAN RIVERA, ET AL.

  Jan 05, 2021 |  Los Angeles County

  Pursuant to CCP § 435.5, a moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike before filing a motion to strike. (CCP § 435.5, subd. (a).) The parties shall meet and confer at least five days before the date a motion to ...

• BMO HARRIS BANK N.A., FOR ITSELF AND AS SUCCESSOR IN INTEREST TO GE CAPITAL COMMERCIAL INC., GENERAL ELECTRIC CAPITAL CORPORA VS DAWEI XIAO, ET AL.

  Jan 05, 2021 |  Los Angeles County

  Defendants Andorra International, Inc., Chun Yong Liu, and Tao Pang’s demurrer to the complaint is SUSTAINED in part and OVERRULED in part.

  Defendants Andorra International, Inc., Chun Yong Liu, and Tao Pang’s (collectively “Defendants”) Request for Judicial Notice of Exhibits 1-2 are GRANTED. (Evi...

• FORD MOTOR CREDIT COMPANY LLC VS CLAUDIA RUIZ

  Jan 05, 2021 |  Los Angeles County

  Plaintiff’s application for default judgment is DENIED without prejudice for the following reasons:

  Attorney fees are unsupported by contract, statute or law. (CRC 3.1800 (a)(9).) No Declaration of Attorney filed which states under what authority (i.e., contract provision for breach of contract cla...

• DANIEL OAXACA, ET AL. VS SAN GABRIEL VALLEY CONSERVATION AND SERVICES CORPS., A CALIFORNIA CORPORATION, ET AL.

  Dec 17, 2020 |  Los Angeles County

  Before filing a demurrer, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. (CCP § 430.41(a)...

• HARRY PEARCE VS HEATHER PEARCE, ET AL.

  Dec 16, 2020 |  Los Angeles County

  Petitioner Harry Pearce’s motion for trial setting preference pursuant to CCP § 36 is GRANTED.

  Petitioner Harry Pearce (“Petitioner”) moves for trial preference pursuant to Code of Civil Procedure section 36:

  A party to a civil action who is over 70 years of age may petition the court for a...

• FOX CAPITAL GROUP, INC., A FLORIDA CORPORATION VS PACIFIC WINE DISTRIBUTORS, INC., ET AL.

  Dec 15, 2020 |  Los Angeles County

  Before filing a demurrer, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. (CCP § 430.41(a)...

• PACIFIC PANEL VS JOHN BRENT ELLIOTT

  Dec 15, 2020 |  Los Angeles County

  Plaintiff Pacific Panel’s motion to enforce settlement is GRANTED.

  Plaintiff Pacific Panel (“Plaintiff”) moves to enforce settlement pursuant to Code of Civil Procedure section 664.6:

  If parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the ...

• KEVIN CASTRO JR ET AL VS SIMMI DHALIWAL MD ET AL

  Dec 15, 2020 |  Los Angeles County

  Plaintiffs Kevin Castro, Jr. and Alejandra Arroyo’s motion to compel deposition of employees of Defendant Pomona Valley Hospital Medical Center is DENIED.

  Plaintiffs Kevin Castro, Jr., and Alejandra Arroyo (“Plaintiffs”) move to compel employees of Defendant Pomona Valley Hospital Medical Center (“...

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