Motion to Vacate Judgment; Request for Judicial Notice
The court continues the OSC re: dismissal on settled case from 6/8/26 to 7/20/26. Once the fees are paid, plaintiff shall file a request for dismissal with prejudice at least 5 court days before the next hearing to take the matter off calendar.
Plaintiff shall give notice.
305 The Learning Plaintiff/Cross-Defendant Learning Light Light Foundation, Inc.’s motion to continue trial is Foundation, Inc. DENIED. vs. City of Anaheim While Cross-Defendant contends a trial continuance is necessary due to the unavailability of counsel Ernie Zachary Park (Park), Cross- Defendant has since filed a substitution of attorney replacing Park with new counsel. (ROA 352.) The motion is therefore moot.
The motions to be relieved as counsel set fir 8/24/26 and 8/31/26 are vacated as MOOT given the recent substitutions of counsel. (ROA 352, 353.)
Cross-Complainant shall give notice.
306 Rodriguez vs. The Motion to Vacate Judgment, etc., filed on Parker 2/19/26 by Plaintiff Steven Lee Rodriguez (Plaintiff), is DENIED.
The Motion was not properly served on counsel for Defendant Nili N. Alai, M.D. Inc. (Alai). As of 2/18/26, new counsel had substituted in for Alai, yet Plaintiff served only Alai’s prior counsel.
The Motion also exceeds the 15-page limit (California Rules of Court, rule 3.1113(d)), and cites to unpublished authority in violation of court rules (California Rules of Court, rule 8.1115(a)).
The Motion also fails as the Opposition has presented evidence to show that although the
judgment creditor’s name was changed in 2019, the entity has continued on in good standing. (ROA 119, Allay Decl. ¶ 6, Exs. 4 and 5.) The extent to which that name change affects either the underlying judgment, or the pleadings filed in this action under the Alai name, is beyond the scope of this Motion.
Alai’s request for sanctions, presented in the Opposition, is DENIED.
Plaintiff’s Request for Judicial Notice (ROA 76) is GRANTED as to the existence of the records presented as Exhibits 1 and 9 under Ev. Code sections 452(c) and (d). (Fontenot v. Wells Fargo Bank, NA (2011) 198 Cal.App.4th 256, 264
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Plaintiff shall give notice.
308 Anderson vs. Before the Court is a Demurrer and Motion to Specialty Strike filed by defendant SVS Parking Company, Restaurants LLC (SVS) as to Plaintiff’s First Amended Corporation Complaint (FAC).
As set forth herein, the Demurrer is OVERRULED and the Motion to Strike is GRANTED.
Demurrer
1st – 3rd Causes of Action: Assault, Battery, Intentional Infliction Of Emotional Distress
SVS demurs to the 1st -3rd causes of action on the grounds that insufficient facts have been pled establishing vicarious liability via respondeat superior. These three causes of action are