Judge Christine W. Byrd: Comprehensive Profile - Analytics, Rulings, and Recent Cases

Plaintiff Edward Kerns’ motion for leave to file a fourth amended complaint is DENIED without prejudice.

Plaintiff filed this action for damages and declaratory relief arising from allegations that defendants concealed the true condition of paint on a vehicle they sold plaintiff. Plaintiff filed a ...

Defendants Select Portfolio Servicing, Inc., Deutsche Bank National Trust Company, as Trustee, on Behalf of the Holders of the Wamu Mortgage Pass-through Certificates, Series 2005-AR8’s Demurrer is placed off calendar.

The court granted the motion to reclassify this case to unlimited civil on April...

Defendants Adan Martinez and Sofia Martinez’s motion to compel Plaintiff Adolfo’s Contractor Corp. to respond to discovery is GRANTED. Plaintiff is ordered to provide full responses, without objections, within twenty days. Defendants’ request for sanctions is also GRANTED in the requested amount of $760.

Cross-Defendant Gabriel Fedida’s Demurrer to Cross-Complaint is SUSTAINED with leave to amend.

Cross-Defendant’s Motion to Strike is GRANTED without leave to amend as to attorney’s fees, DENIED as to the fraud cause of action, and MOOT as to punitive damages.

Background

On July 3, 2...

Plaintiff Carlos Sandoval’s Motion for Leave to Amend Answer is CONTINUED to July 12, 2018, at 8:30 a.m. in Department 94.

Service and Notice

CCP § 1005(b) provides in pertinent part: “[u]nless otherwise ordered or specifically provided by law, all moving and supporting papers shall be serv...

On March 20, 2018, the Court continued the disbursement hearing so that Olivia Sanchez (“Olivia”) may be properly served with a notice of the disbursement hearing. The notice of the continued disbursement hearing was not served on Olivia, but, instead, was served on Oliver Sanchez. Olivia has no obligation...

Defendant Wells Fargo Bank Motion for Judgment on the Pleadings is CONTINUED to June 21, 2018.

CCP § 1005(b) provides that “all moving and supporting papers shall be served and filed at least 16 court days before the hearing... if the notice is served by mail, the required 16-day period of notice b...

Plaintiff Alton Willoughby’s Motion for Leave to File an Amended Complaint is CONTINUED to July 12, 2018, at 8:30 a.m. in Department 94. Plaintiff is to file and serve a declaration as required by CRC 3.1324(b) no later than June 11, 2018.

On June 2, 2016, Plaintiff Alton Willoughby (“Plaintiff”) f...

Plaintiff Veros Credit, LLC’s Application for Court Order Granting Relief Under 50 U.S.C.A. § 3952 is DENIED.

On January 22, 2018, Plaintiff Veros Credit, LLC (“Plaintiff”) filed this action against Defendant Oscar Gonzalez (“Defendant”). On March 13, 2018, Plaintiff filed an Application for Court ...

Plaintiff Vanessa D. Frazier’s Motion for Determination of Good Faith Settlement is DENIED.

On January 3, 2017, Plaintiff Vanessa D. Frazier (“Plaintiff”) filed this action against Defendant Hawaiian Gardens Casino (“Defendant”). On April 9, 2018, Plaintiff filed a Motion for Determination of Good ...

Defendant J. Fung’s demurrer is sustained with 10 days leave to amend.

Background

Plaintiff Daniel Monteon-Gonzalez (“Plaintiff”) filed the instant action for (1) Violation of California Civil Code Section 51(b)—Unruh Civil Rights Act, (2) Violation of California Civil Code Section 51(f)—Un...

Defendant Public Storage, Inc.’s Motion for Summary Judgment is DENIED. Defendant’s Motion for Summary Adjudication as to the first and second causes of action is GRANTED and as to the third cause of action is DENIED.

Plaintiff Jose Luis Vazquez (“Plaintiff”) filed a Complaint on March 10, 2015 and...

Defendant Tower Escrow, Inc.’s Demurrer to Complaint is OVERRULED.

On January 24, 2018, Plaintiff Heedo Han (“Plaintiff”) filed this action against Defendants Lucy Ahn (“Ahn”) and Tower Escrow, Inc. (“TEI”), asserting causes of action for (1) conversion and (2) negligence. On April 3, 2018, TEI fil...

Plaintiff’s motion is GRANTED. Plaintiff is awarded $7,052.50 in attorney’s fees and $401.58 in costs.

On April 14, 2017, Plaintiff Coded Agency LLC (“Plaintiff”) filed a complaint against ODY the Ceremony LLC (“Defendant”) for breach of contract. On August 14, 2017, Plaintiff requested an entry of...

Defendant Mark Dulin’s (“Dulin”) Motion to Compel Further Responses to Request for Admissions, Special [and Form] Interrogatories, and Production of Documents, Sets No. One, is DENIED.

Defendant Mark Dulin’s (“Dulin”) Motion to Compel Further Responses to Request for Admissions, Special [and Form] ...

On March 12, 2018, Plaintiff The Asia Network Enterprise, Inc.’s Counsel Naveen Madala (“Counsel”) filed a Motion to be Relieved as Counsel (the “Motion”).

Discussion

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination u...

Cross-Defendant’s demurrer to the complaint is CONTINUED TO June 11, 2018, at 8:30 a.m. in Department 94.

See Code Civ. Proc., § 430.41(a). provides, in part that before filing a demurrer, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that...

No dispositive tentative ruling is issued at this time.

The hearing on Defendant's Demurrer is taken OFF CALENDAR. Plaintiff to pay the reclassification fee pursuant to CCP § 403.040(c)(1) within twenty (20) days. The Court sets an OSC re Payment of Reclassification Fee for June 15, 2018 at 8:30 a.m. in Department 94.

Plaintiff Lorna A. Stephenson (“Pla...

Plaintiff Progressive Choice Insurance Company’s Motion to Vacate Dismissal, Enforce Settlement, and Enter Judgment is GRANTED.

Background

On December 9, 2013, Plaintiff Progressive Choice Insurance Company (“Plaintiff”) filed the complaint in the instant action against Defendants Jorge Agu...

Defendants City of Long Beach’s (“City”), Victor Moraila’s (“Moraila”), Larry McNerny’s (“McNerny”) and Johnny Dodson’s (“Dodson”) Motion to Dismiss with Prejudice is DENIED without prejudice.

Defendants City of Long Beach (“City”), Victor Moraila (“Moraila”), Larry McNerny (“McNerny”) and Johnny D...

Defendant Alphonsus Olugbemiga Joseph’s Motion for Order Compelling Further Responses to Special Interrogatories, Set One is DENIED.

Defendant’s request for sanctions is DENIED.

Plaintiff’s request for sanctions pursuant to CCP section 2030.300 is GRANTED. Defendant and Defendant’s counsel ...

No dispositive ruling is issued at this time. The parties to brief the Court at the hearing.

On March 3, 2015, Plaintiff Michael Montes (“Plaintiff”) filed this breach-of-contract action against Defendants Rattan Joea dba Primetime Shuttle (“Rattan”) and Parminder Joea (“Parminder”) (collectively, ...

Brian Lou’s Motion to be Relieved as Counsel for Plaintiff Elvia Valdovinos is GRANTED.

On February 21, 2018, Plaintiff Elvia Valdovinos’s Counsel Brian Kou (“Counsel”) filed a Motion to be Relieved as Counsel (the “Motion”).

Discussion

The court may order that an attorney be change...