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Filing # 129966427 E-Filed 07/02/2021 09:26:26 AM MIDLAND CREDIT MANAGEMENT, INC. IN THE COUNTY COURT OF THE FOURTH Plaintiff, JUDICIAL CIRCUIT IN AND FOR DUVAL COUNTY, FLORIDA Vs. CASE NO.: 16-2020-SC-023095-XXXX-MA DIVISION: G NARRIETTA BROWN Defendants. PLAINTIFF'S NOTICE OF INTRODUCING DOCUMENTS AT TRIAL ND 'TNESS LIST. The undersigned attorney for Plaintiff, MIDLAND CREDIT MANAGEMENT, INC., pursuant to Florida Rules of Evidence 90.803(6)(c), hereby gives notice of its intention to introduce the attached documents at the Trial, including but not limited to exhibits for rebuttal and/or impeachment purposes, and Witness List in this cause as follows: TRIAL CATALOGUE 1. Original creditor statements 2. Assignment/Bill of Sale/Seller Data Sheet 3. Letters to Defendant Plaintiff reserves the right to utilize any exhibit listed by any other party and further reserves the right to supplement this Exhibit List with additional exhibits as they become known and/or necessary, upon proper notice to all parties. WITNESS LIST Plaintiff reserves the right to call any or all of the following witnesses, including but not limited to: 1. NARRIETTA BROWN, Defendant 2. Corporate Representative for Plaintiff FL_0326G File No.: 20-218327ACCEPTED: DUVAL COUNTY, JODY PHILLIPS, CLERK, 07/02/2021 10:24:07 AMCERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy hereof has been furnished by e-mail to NARRIETTABROWN at nramatar@yahoo.com, on July 2, 2021 /e/ Gehan Guaon PAYAL CHATANI, €5sq., Fla. Bar 25285 MOLLY FITZPATRICK, Esq., Fla. Bar 103529 COLLEEN E. LEHMANN, Esq., Fla. Bar 33496 VALERIA OBI, Esq., Fla. Bar 106554 JOHAN A. GREEN, Esq., Fla. Bar 1011917 MATTHEW OVERPECK, Esq., Fla. Bar 121625 CHASE HAGUE, Esq., Fla. Bar 1008510 Attorneys for Plaintiff PO BOX 290335 TAMPA FL 33687 (866) 300-8750 Phone / (813) 337-0637 Fax E-service address: IL_FL@mcmeg.comFL_0326G File No.: 20-218327EXHIBIT 1AA_0125 File No.: 20-218327Account Statement ‘Send Notice of Bling Errors and Customer Service Inquiriesto: rapa Service: BEST BUY CREDIT SERVICES PO Box 790441, St. Louis, 1.83179 Cor fm” My Best Buy inecom Te Pd panrceiey a Visa® Card Hl Recount Inquiries: 1-888-574-1301 PBR pS Gee Number; cooel is Bi a, Summary of Account Activity } Payment Information Previous Balance $4,314.37 New Balance $4,080.55 Payments. $336.00 Minimum Payment Due $432.55 Other Credits -$38.00 Payment Due Date April 13, 2019 Purchases +$0.00 Cash Advances +$0.00 Late Payment Warning: If we do not receive your minimum paymentby the Fees Charged +$38.00 date listed above, you may have to pay alate fee up to $38. Interest Charged +$102.18. Minimum Payment Warning: It you make only the minimum payment each New Balance $4,080.55 period, you will pay more in interest and It will ake you longer to pay off your balance. For ex: \Past Due Amount $171.00 gltyou un make. dditional : Bivou wil pay off th SsezAnd you Nga Credit Limit $4,000.00 a harges ing | is i paying at Available Credit $0.00. id each} een th you pay tat Cash Advance Limit $200.00 Only the minimum payment 17 years $11,313 Available Cash Limit $0.00 Syears Amount Over Credit Limit $80.55 $168 (Savings=$5,277) Statement Closing Date 03/19/2019 Hyou would like information about credit counseling services, call 1-877-397-8188. Next Statement Closing Date. 04/18/2019 Days in Billing Cycle 32 You are over your credit Ilmit. Please pay at least the Minimum Payment Due, which includes an overlimit amountof $80.55. Ifyou have already sent us this payment, thank you. For phone payments, you authorize us to electronically debit your specified bank account by an ACH transaction in the amount and on such date that you indicate on the phone. You may cancel a phone payment by calling us at the Customer Service number atthe top of page 1 within the timeframe disclosed to you on the phone. Please update your phone number, including cell phone number on the back of the payment coupon. Your account is past due This is a courtesy reminder that we did not receive payment for last month. We're here for you and would like to help you bring your account current. » For assistance call us today at 1-888-574-1301. For the hearing impaired, call our TDD line at 1-800-995-9305. Hours of operation: Monday-Thursday; 6:30 am. to 1100 p.m. CT - Friday: 6:30 am.to 9:00 pm. CT - Saturday and Sunday; 8:00 a.m. to 5:00 p.m. CT Hw PLEASE SEE IMPORTANT INFORMATION ON PAGE 2. Page1 of This Account Is Issued by Citibank, NA. ¥ Please detach and return lower portion with your payment to insure prope: credit. Retala uaper portion for your records. Your Account Number |S arses Payment Due Date Itt i ini April 13, 2019POBox New Balance $4,080.55,Sioux Falls, SD S7117 Past Due Amount? $171.00 Minimum Payment Due $432.55Statement Enclosed one See it Enclosed: ‘Teast Due Amount bebe is included in the Minima Payment Due, | Please print address changes on the reverse side. Make Checks Payable tow BEST BUY CREDIT SERVICES NARRIETTA BROWN: PO BOX 78009 1141 TINKERS COVE LN. PHOENIX, AZ 85052-8009 JACKSONVILLE, FL 32211-8136 eeInformation About Your Account. + Phone. Call the phone number on Page! of your statement to make a payment. There is, How to Avold Pz Int st on Purchases. Your payment due date is at least 25 days, no fee for this service.after the close of each billing cycle. We will not charge you any interest on purchases if you + Express Mail. Send payment by courier or express mailto: Consumer Payment Dept,pay your New Balance bythe payment due date each month. Thisis called a grace period 676 Grade Lane, Building 9, Suite 910, Louisville, KY 40213.‘on purchases.To get a grace periodon purchases,you must pay the New Balance by the * Crediting Payments other than by Mail. The payment cutoff time for Online bi payment due date every billing cycle.We will begin charging interest on cash advances and ents, Phone payments,and Express Mail payments is midnight Eastern time. This balance transferson the transaction date. means that we will credit your accountas of the calendar day, based on Easter time, thatit you havea balance subjectto a deferred interest promotion and that promotion does not we receive your payment ret expire before the payment due date, that balance (an “excluded balance")is excluded from It you send an eligible check with this payment coupon, you authorize us to complete the amount you must payin full to get a grace period on a purchase balance other than your payment by electronic debit. If we do, the checking account wil be debited in the an excluded balance. In ad you have a reduced rate credit plan, that balance (an amount on the check.We may do this as soon as the day we receive the check, Also, the “excluded balance”) is excluded from the amount you must pay in full to get a grace period check will be destroyed. ‘ona purchase balance other thanan exchided balance. However, you must still pay any Credit Reporting Disputes.We may report information about your account to creditseparately required payment on the excluded balance. in biting cycles in which ts bureaus. if you thinkwe reported inaccurate information, please write us at the Customer are allocatedto deferred interest balances first, the deferred interest balance will be reduced ‘Service address shown on Page’ before any other balance onthe account However, youwilcotinue eget grace period Report a Lost or Stolen Card Immediately, Call the Account Inquiries number shown on other than an excluded balance, so longs you pay the | excluded balance, pus any separately requred payment on ah exchatedbalance) haul by he age payment due date each billing cycle. Deferred interest offers may also be called Same As Cash What To Do If You Think You Find A Mistake On Your stement. If you think theres an orNo interest, error on your statement, write to us at the address for billing errcrs and customerser In addition, certain promotional offers not described above may also allow you to have a grace inquiries shown on Page lof your statemer period on purchases without having to pay all or a portionof the promotional balance by the In your letter, give us the following information:payment due date. If that is the case, the promotional offer will describe what happens. 1. Account information: Your name and account number,How We Calculate Your Balance Subject to Interest Rate.We use a daily balance method 2 Dollar amount: The dollar amount of the suspected error.Gncluding current ions) to calculate interest charges.To find out more information 3. Description of Problem: If you think there is an error on your bill, describe what you believeabout the balance computation method and how the resulting interest charges were iswrong and why you believe it isa mistake.determined, contact us at the Account Inquiries number on the front. ‘You must contact us within 60 days after the error appeared on your statement.Bafance Transfers. Balance transfer amounts are included in the "Purchases" line inthe You must notifyus of any potential errors in writing. You may call us, but if you do we are not‘Summary of Account Acti requiredto investigate any potential errors and you may have to pay the amount in question.Membership Fee. Some accounts are charged membership fee. To avoid paying this fee, While we investigate whether or not therehas beenan error, the following are true:notifyus that you are closing your account within 30 days of the mailing or delivery date ofthe statement on which the fee is billed. + We cannottry to collect the amount in question, or report you as delinquent on that Minimum Interest Charge. Ifwe charge interest, the charge will beno less than $1. amoun! + The charge in question may remain on your statement, and we may continue to chargeOther Account and Payment Information. you interest on that amount. But, if we determine that we made a mistake, you will not Payment Amount.You may pay all or partof your account balance at any time. However, you have to pay the amount in question or any interest or other fees related to that amount, must pay, by the payment due date, at least the minimum payment due. + While you do not have to pay the amount in question, you are responsiblefor the When Your Payment Will Be Credited. if we receive your payment in proper format our remainder of your balance. processing facility by 5 pam. local time there, it willbe creditedas of that day. A ent + We can apply any unpaid amount against your crecit Emit. Feceived there in proper form after that time will be credited as of the next day. Allow5 to ‘Your Rights If You Are Dissatisfied With Your Credit Card Purchases. If are T days for payments by regular mail toreach us. There may be a delayof up to S days in dissatisfied with the goodsor services that you have purchased with your credit card, and you ‘editing a payment we receive that is not in proper form or is not sent to the correct address. have tried in good faith to correct the problem with the merchant, you may have the right not ‘The correct address for regular mailis the addresson the front of the payment coupon. The to pay the remaining amount due on the purchase. correct address for courier or express mail is the Express Mail Address shown below. Touse this right, all of the following must be true: Proper Form. For a payment sent by mail or courier to be in proper form, you must: 1. The purchase must have been made in your home state or within 100 milesof your current + Enclose valid check or money order. No cash, gift cards, or foreign currency please, ‘mailing address, and the purchase price must have been more than $50, (Note: Neither of *+ Include your name and the last four digits of your account number. these are necessary if your purchase was based on an advertisem*nt we mailed to you, orif Payment Other Than By Mail. we own the company that sold you the goods or services) + In-Store (Where Available), Any payment in proper form accepted instore will be 2. You must have used your credit card for the purchase. Purchases made with cash advances asof t day. However, credit availability may be: ject to verificationof funds. from an ATM or with a check that accesses your credit card account do not qualify. Notallstores accept tact your local store to see if in-store payments 3. Youmust not yet have fully paid for the purchase. accepted at that location. ifallof the criteria above are met and you are still dissatisfied with the purchase, contact us + Ontine. Go to the URL on Page 1 of your statement to make a payment. When you enroll inwriting at the address for biling errors and customer service inquiries shown on Page lof in Online Bill Pay you can schedule your payments up to 45 daysin advance using the your statement. ther” payment option. For security reasons, you may not be able to pay your entire New While we investigate,the same rules apply to the disputed amount as discussed above. After Balance the first time you make a payment online. we finish our investigation, we wil tell you our decision. At that point, if we think you owe an + AutoPay. Go to the URL on Page 1 of your statement to enroll in AutoPay and have your amount and youdo not pay, we may report youas delinquent. payment amount automatically deducted each monthon your due date from the payment accountyou choose. BBY MC NAFEBI8: JAS: HM -2388-7208-0001 - N2 2/- 4399836741 - © -/C/--9-X-60-1D-P- - -D-Y YEH 4 - 0- S10 -4F7- 91/10/10 - 04/9117 - 23 - Febrsary 15, 2019 IGl-N- + = TH-O- -YRKB-V {U-V- -D-O- - fuf-Y-m-15- 1993S- -0519 Page 20f8 Please provide change of address and update/add your « ‘Phone: By giving us a cell number or a number later phone numbers‘ here: (Use blue or black ink.) converted to a cell number, you agree that we or our service providers can contact you at that number by autodialer, recorded or artificial voice, or a text, Your phone plan charges may apply. "Cell: *Home: Please update your financial information. Keepingour records ‘Total Annual Net Income: Total Annual Net Income is your yearly income after taxes. current will allow us to better serve your credit nee If you are 21 or older, you may include income from Total Annual Net Incomet: ee others that you can reasonably access to pay your bills, You do not have to include alimony, child support, or Monthly Mortgage or Rent Payment: se separate maintenance income if you do not want it considered as a basis for repaying this debt.Account: Ahan tte ~~ Te = = ae Ree Shao 2 ucensvised int lens se inl asi aes rae The following is a summary of certain changes being made to your account terms. These changes will take effect on 05/20/19. For more detailed information, please see the Notice of Change in Terms to your Card Agreement below. = TeRe (i mn iS; eeiceasteNin05/20/19 id aS iS he os Late Fee Up to $39 . For any minimum payment calculated after 05/20/19, we are changing the way we calculate your Minimum Payment Due. You may be required to pay more of your account balance each billing cycle. As a result, your Minimum Payment Due may increase. Effective 05/20/19, we are also removing the following from your account: @ The Returned Payment Fee, Returned Convenience Check Fee and Stop Payment on Convenience Check Fee are being removed from the "Fees" section of the Fact Sheet.TRANSACTIONSTrans Date Description Reference # ‘AmountO26 LATE FEE REVERSAL 335600 1KOO0DLOS1 s 38.00-o3ft PAY-BY-PHONE PAYMENT DEERFIELD IL 742693726EYB19LMQ s 336,00-FEES03/13. LATE FEE s 38.00 TOTAL FEES FOR THIS PERIOD s 38.00INTEREST CHARGED.O31g INTEREST CHARGE ON PURCHASES. $ 102.18 TOTAL INTEREST FOR THIS PERIOD: s 102.18 a ES ee 2019; Totals Yearto: Date meee Total Fees Charged in 2019 $76.00 Total Interest Charged in 2019 $284.28ACTIVITY AND PROMOTIONS DETAIL Original Purchases, Promotion Promo Payments Cash Adv, Promotion Deferred Promotion Trans Trans Previous Nt Fees & Interest New Minimum Interest Expiration Amount Date Balance Credits Other Debits Charged Balance _ Payment Due Charges DatePURCHASES REGULAR - $4314.37 $374.00- $38.00 $102.18 $4,080.55.CASH ADVANCES: REGULAR - - - -TOTAL $4,314.37 $374.00- $38.00 $102.18 $4,080.55. $0.00 $0.00| INTEREST CHARGE CALCULATION ‘Your Annual Percentage Rate (APA) Is the annual Interest rate on your account. Type of Balance == aE oe "Annual Percentage Rate (APR! ‘Balance Sul tolnterest Rate: zZ#Interest Charge =PURCHASES: REGULAR. 27.49% (M)(V) $4,240.18 $102.18|CASH ADVANCES. REGULAR 30.24% (M)(V) $0.00 $0.00 (V) = Variable Rate Page 3 of 8Account: **** **#* #x* i THIS PAGE INTENTIONALLY LEFT BLANK Page 4 of 8We appreciate your business as a cardholder and hope you are enjoying both the use and benefitsof your card. We want you to be aware of changes we are making to your account. The followingNotice of Change in Terms to your Card Agreement describes the changes and what they mean toyou and your account.If you have questions or need assistance with your account please call us at 1-888-574-1301.We look forward to continuing to serve you in the future.Please see below for important information about changes to your account. Notice of Change in Terms to your Card AgreementThe Changes. We are changing your Card Agreement. These changes will take effect 05/20/19.We are increasing the Late Fee. We are also changing the way we calculate the Minimum PaymentDue for any minimum payment calculated after 05/20/19. You may be required to pay more of youraccount balance each billing cycle. As a result, your Minimum Payment Due may increase. Finally,we are removing the Returned Payment Fee, Returned Convenience Check Fee and Stop Paymenton Convenience Check Fee from your account. Any terms of the Card Agreement not amendedremain unchanged. Please read the information below carefully. You should keep this informationwith your Card Agreement for future reference. * Effective 05/20/19, we are amending the Late Fee. For additional language regarding how and when this fee will be charged, please see the section called “Late Fee” in your Card Agreement.The Late Fee in the “Fees” section of the Fact Sheet is amended as follows: Penalty Fees « Late Payment The fee will be $28; or $39 for any additional past due payment during the next six billing cycles after a past due payment. However, the fee will not exceed the amount permitted by law. * We are amending how we calculate the Minimum Payment Due for any minimum payment calculated after 05/20/19.We are amending the Minimum Payment Due section in the Fact Sheet as follows: Making Payments. You may pay all or part of your account balance at any time, However, you must pay at least the Minimum Payment Due by the payment due date each billing cycle. The sooner you pay the New Balance, the less you will pay in interest charges, To calculate the Minimum Payment Due, we begin with any past due amount. We add any amount in excess of your credit limit. We add the amount due on each reduced rate credit plan balance. We add any additional amount specified in a promotional offer. We add any amount required by the Promotion Calculation. We also add the largest of the following: * The Calculated New Balance if it is less than $28; * $28 if the Calculated New Balance is at least $28; or * 1% of the Calculated New Balance plus the amount of your billed interest charges on that balance, any minimum interest charge allocated to that balance, and any applicable late fee (the result is rounded up to the nearest dollar). However, we subtract interest charges that accrued during prior billing cycles on a deferred interest balance that ended during the billing cycle covered by the statement. 15ENA Page 5 of 8The Calculated New Balance equals the New Balance on the billing statement less any balances subject to a reduced rate credit plan, the Promotion Calculation, or to either of two types of promotional terms. The first type are terms that do not require a minimum payment. The second type are terms that require an additional amount as part of the Minimum Payment Due. The amount due on a reduced rate credit plan balance is the smaller of: * The Repayment Percentage times the reduced rate credit plan's Highest Balance plus any credit protection or credit insurance fee allocated to that balance. (The result is rounded up to the nearest dollar.) Or * The reduced rate credit plan’s balance on the Statement Closing Date. For each reduced rate credit plan balance, the Highest Balance is the highest reduced rate credit plan balance on a Statement Closing Date, less any credit protection or credit insurance fee allocated to that balance for that cycle, since the last time that balance was zero. The balance is Zero at account opening. The Repayment Percentage for the 48 month reduced rate credit plan is 2,62850%, The Promotion Calculation applies to some deferred interest transactions. The Promotion Calculation is based on the transaction amount as shown on the first statement that displays the transaction. For transactions made prior to July 1, 2019, it applies if paying $27 on this balance each billing cycle would result in repayment before the end of the promotion period. For transactions made on or after July 1, 2019, it applies if paying $28 on this balance each billing cycle would result in repayment before the end of the promotion period. The Promotion Calculation equals 1% of this balance during the promotion period. (The result is rounded up to the nearest cent.) The Promotion Calculation only applies during the promotion period. The Minimum Payment Due may reflect adjustments to the New Balance. The Minimum Payment Due is never more than the Calculated New Balance plus three amounts. The first is any amount required by a reduced rate credit plan. The second is any amount required by a promotional offer. The third is any amount required by the Promotion Calculation. * Effective 05/20/19, we are removing the Returned Payment Fee, Returned Convenience Check Fee and Stop Payment on Convenience Check Fee.You will no longer be charged a Returned Payment Fee, Returned Convenience Check Fee and StopPayment on Convenience Check Fee. Therefore, we are removing them from the “Fees” section of theFact Sheet. 1S EN-2 Page 6 of 8Deferred Promotional Interest Offer UpdateFrom time to time, you may be offered special limited time only deferred interest promotional offers.Deferred interest promotional offers include the following types of offers: No Interest if Paid in Full in 6 Months, Monthly Minimum Payments Required No Interest if Paid in Full in 12 Months, Monthly Minimum Payments Required No Interest if Paid in Full in 18 Months, Monthly Minimum Payments Required No Interest if Paid in Full in 24 Months, Monthly Minimum Payments Required No Interest if Paid in Full in 36 Months, Monthly Minimum Payments Required No Interest if Paid in Full by a specified date, Monthly Minimum Payments RequiredIf the balance is not paid in full by the end of the promotional period, interest charges will be imposed from thepurchase date at the variable purchase rate on your account which is 27.49% APR. Variable APRs are as of03/01/19 and will vary with the market based on the Prime Rate.These offers are not available all the time and may be limited to specific merchandise and/or have minimumpayment and purchase requirements as disclosed in the offer.Your card agreement, the terms of the offer and applicable law govern these transactions including increasingAPRs and fees and termination of the promotional period.If you have any questions, please contact us at 1-866-533-2468, For TDD/TTY assistance, please call1-888-824-2323, 15ENS Page 7 of 8THIS PAGE INTENTIONALLY LEFT BLANK Page 8 of 8Account Statement Billing Errors and Customer Service Inquiries to: Customer Service: Best suv cae DIPSeAvIces PO Box 790441, St, Louis, MO 83179 a2 ly Best Buy® bestbuy.accountoniine.com ‘umnST oo Visa® Card El Account Inquiries: 1-888-620-5879 pee F Account Num aceeer ee Nui eae St a \ Summary of Account Activity Payment Information Previous Balance $4,780.86 New Balance $4,928.23 Payments -$0.00 Minimum Payment Due $2,405.23 Other Credits -$0.00 Payment Due Date October 13, 2019 Purchases +80.00 Cash Advances +80.00 Late Payment Warning: If we do not receive your minimum payment by the Fees Charged +$39,00 data listed above, you may have to pay alate fee up to $39, Interest Charged +$108.37, Minimum Payment Warning: If you make only the minimum payment each New Balance $4,928.23 period, you will pay more in interest and it will take you longer to pay off your balance. For example: \Past Due Amount $1,280.00 _) He ale aX wel Wil payoff And youau (Credit Limit $0.00 harges using ds n this a ing iE oH Se ut Available Credit $0.01 Cash Advance Limit $0.00 Only the minimum payment 16 years $11,437 Available Cash Limit $0.00 Syears Amount Over Credit Limit $928.23, $202 (Savings=$4,171) Statement Closing Date 09/18/2019 It you would like Information about credit counseling services, call 1-877-337-6188. Next Statement Closing Date 10/18/2019 \Days in Billing Cycle 80 Beginning in October, there will be a $5 expedited payment fee to make a same day payment with a customer service agent. To make a payment at any time with no fee, including a same day payment, you can use the automated voice response system or access your account onlineat bestbuy.accountonline.com. Please note that if we received your pay by phons or online payment between 5 p.m. ET and midnight ET on the last day of your billing period, your payment will not be reflected until your next statement. Please update your phone number, including cell phone number on the back of the payment coupon. TRANSACTIONS Trans Date Description Reference # Amount FEES 09/13 LATE FEE Ss 39.00 TOTAL FEES FOR THIS PERIOD s 39.00 BHM12 PLEASE SEE IMPORTANT INFORMATION ON PAGE 2. Pago 1 of 4 This Account is Issued by Citibank, N.A. - a: ___ Please detach and return lower portion with paym:BESTBUY: Your Account Number| Raga AAA Payment Due Date October 13, 2019PO £0) New Balance $4,928.23,SIOUX FALLS, SD 57117-6204 Past Due Amount? $1,280.00 Minimum Payment Due $2,405.23 ITStatement Enclosed a care ba ‘Past Due Amount is inclued in the Minimam Payment Due. Please print address changes on the reverse side. Make Checks Payable tow BEST BUY OaEDIT SERVICES NARRIETTA BROWN PO 1141 TINKERS COVE LN PHOENIX, AZ 65062 8009 JACKSONVILLE, FL 32211-8136 eeInformation About Your Account, ‘may cancela phone payment by calling us at the Customer Service number at the topof How to Avold Paying Interest on Purchases. Your payment due date is at least 25 days Page within the time period disclosed
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ENRIQUEZ, HECTOR vs SPRUELL, JAMIKA
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CV-24-003735 – ENRIQUEZ, HECTOR vs SPRUELL, JAMIKA – Defendant’s Motion for leave to File-Cross-Complaint - GRANTED, and unopposed.The Court GRANTS Defendant’s unopposed motion for leave to file her cross-complaint. Defendant is ordered to file a copy of the proposed cross-complaint (attached as Exhibit 1 to the 6/27/24 Declaration of Megan D. Johnson) within five court days. The cross-complaint shall be served by August30,2024. Defendant is further ordered to submit a proposed order that comports with this ruling within five court days.Due to the interruption of telephone service as a result of an outage, any party requesting a hearing must make the request via email to the court clerk. If V-Court is not available and an in-person appearance is not possible, appearance must be via Zoom. Sign-up information for Zoom will be available on the court’s website.
Ruling
Jul 29, 2024 |Judge Colleen K. Sterne |23CV02702
Nicole Emily Jordan v. Rogers, Sheffield & Campbell, LLP, et al.Case No. 23CV02702Hearing Date: 7/29/2024 HEARINGS: Demurrer by defendant Jamie Cathleen Green to plaintiff’s First Amended Complaint Motion by defendant Jamie Cathleen Green to strike portions of plaintiff’s First Amended Complaint ATTORNEYS: Tamineh Roshanian of Roshanian Payman PC for plaintiff Nicole Emily Jordan Kenny C. Brooks / Michael McCarthy of Nemecek & Cole for defendants Rogers Sheffield & Campbell, LLP and Sheila Price Rachel Van Mullem / Jennifer J. Lee of County Counsel’s Office for defendant Jamie Cathleen Green TENTATIVE RULINGS: Because Nicole has once again failed to allege compliance with the Governmental Tort Claim requirement, the demurrer by public employee Jamie Cathleen Green will be sustained, and the motion to strike ordered off calendar as moot. The Court will direct Nicole to file and serve any further amended pleading on or before August 26, 2024, or such other date as this Court may provide at the hearing on this demurrer. Background: Based upon the allegations of the original complaint and the first amended complaint, and the matters of which judicial notice has been requested: Dr. Borimir Jordan and Virginia Jordan, who were husband and wife, have three daughters, Angela Jordan Hart, Jennifer Jordan, and Nicole Jordan. [Note: Because of the multiplicity of persons with the same surname, the Court refers to members of the Jordan family by their first names for purposes of clarity. No disrespect is intended.] In 1998, they established the Borimir and Virginia Jordan Family Trust. The trust was ultimately amended and restated by a Third Amendment to and Complete Restatement of Declaration of Trust in April 2017. It was amended by a Fourth Amendment executed in 2010, and a Fifth Amendment in 2012. The Jordans’ estate planning attorney was Homer Sheffield, with the law firm of Rogers Sheffield & Campbell, LLP. In September 2018, the Jordans allegedly requested that Sheffield draft a Sixth Amendment to the trust, leaving significant assets to Nicole. Instead of doing so, Sheffield terminated his representation of the Jordans. The Jordans then allegedly self-drafted and executed a Sixth Trust Amendment, naming Nicole as sole successor Trustee and sole beneficiary of the Trust, thereby effectively disinheriting the Jordans’ daughters Angela and Jennifer. Borimir passed away on March 26, 2020. Upon belatedly learning of his death, Angela sought to establish a conservatorship over her mother, based on her belief that Nicole—who had lived with her parents for some time—was abusing and neglecting Virginia. Her petition for appointment of temporary conservator for Virginia was filed in April, 2020. The Probate Court appointed Mark Watson as the temporary conservator of Virginia’s estate after hearing on October 15, 2020. Virginia passed away on November 1, 2020. On January 27, 2021, Mark Watson petitioned the Probate Court (Case No. 21PR00040) for an order confirming himself as trustee and confirming trust assets, setting the hearing on the petition for March 18, 2021. The petition attached the Third Amendment to and Complete Restatement of Declaration of Trust, and the Fourth and Fifth Amendments thereto, which it collectively referred to as the “Trust” which the Trustee sought to confirm and administer. The petition alleged that upon Borimir’s death, the trust agreement directed the division of the trust estate into two separate shares, Trust A and Trust B, each to be administered as a separate trust. Trust B is to be established as an irrevocable subtrust, and Trust A to remain amendable and revocable by Virginia as the surviving Settlor. It contained provisions directing the manner in which the subtrust were to be administered. The petition alleged further that upon Virginia’s death, Trust A became irrevocable, and both Trust A and Trust B became terminating trusts subject to post-death administration. Successor co-trustee Pearlman declined to act as trustee, and successor co-trustee Homer G. Sheffield, Jr. on December 7, 2020, appointed Mark Watson as trustee of the trust and all sub-trusts. Watson then began post-death administration of Trust A and Trust B under the Trust, including the marshalling of assets and sending out Notices by Trustee to the beneficiaries of the Trust. The Notices by Trustee were mailed to the beneficiaries on January 7, 2021, and included copies of the Trust and all amendments thereto. The Third and Fourth Amendments had essentially set aside specific real property and assets for Nicole and provided that the remainder would be divided between Angela and Jennifer. The Fifth Amendment added a provision for $10,000 distributions to each of three nieces who survived Virginia and Borimir, and directed that the trustees sell all remaining trust assets, including the real property, and distribute the proceeds to each living child of the Jordans in equal shares. Watson’s Petition alleged that he had received correspondence from the Settlors’ daughter, Nicole Jordan, that the trust documents in Watson’s possession may have been amended or revoked, or that such documents did not authorize Watson to act on behalf of the trust. Watson advised the court that he had attempted to understand her allegations, but her responses were confusing and inconsistent, and she refused to provide copies of the documents she claimed superseded those under which Watson was acting. Watson therefore sought the Court’s order confirming that the trust documents attached to the petition were valid and set forth the most recent and controlling iteration of the Trust, and that Watson is the sole Trustee of the Trust.No one opposed the petition in writing, nor did anyone appear at the March 18, 2021 hearing in opposition to the petition. After that hearing, the Probate Court granted Watson’s petition. The formal order, filed March 24, 2021, confirmed Watson as Trustee, noted that Nicole Jordan had contended that the trust documents were amended or revoked and do not allow Watson to act on behalf of the trust, but had provided no evidence to support her claims. Under those circ*mstances, the Probate Court confirmed that the petition set forth the current and controlling iteration of the trust, and appointed Watson as sole trustee of the trust as amended, among other orders made on that date. On March 15, 2022, Nicole filed a verified petition in the Probate Court trust action, seeking to establish herself as the sole successor trustee and sole beneficiary of The Borimir and Virginia Jordan Family Trust, and to establish trust assets under a Sixth Trust Amendment, which she alleged had been drafted and executed by Virginia and Borimir without assistance of counsel, on July 15, 2019. The petition sought to validate the Sixth Trust Amendment, and to invalidate the Fourth and Fifth Trust Amendments, among other requests. Angela demurred to the petition on various grounds, including that it was time-barred. Jennifer joined in the demurrer. After a continuance by the Probate Court to permit Angela to respond to Nicole’s late-filed opposition papers, and another continuance to permit Angela to respond to Nicole’s unauthorized supplemental opposition papers, the demurrer was ultimately heard on January 19, 2023. At that time, the Probate Court sustained on statute of limitations grounds (Prob. Code, § 16061.8), without leave to amend, the demurrer to the Petition to validate the Sixth Trust Amendment, the Petition to Confirm Assets Held by Mark Watson Pass to Petitioner as the Sole Beneficiary and Successor Trustee, and the apparent sub-petitions to Invalidate the Fourth and Fifth Trust Amendments, and for Declaratory Relief. The Probate Court found that Nicole’s petition to invalidate the Fourth and Fifth Trust Amendments and to validate the Sixth Trust Amendment (and related claims) had been filed more than 10 months following the expiration of the 120-day period set forth in Probate Code section 16061.8, and was therefore barred. With respect to the petition for accounting, the Probate Court sustained the demurrer with leave to amend to the extent it sought an accounting within the terms of Probate Code section 17200(b)(7)(B) and (C).Nicole appealed the Probate Court’s decision on March 10, 2023. On June 22, 2023, Nicole filed her initial complaint in this action, allegedly individually and in her capacities as successor trustee and beneficiary of The Borimir and Virginia Jordan Family Trust, and as beneficiary and successor-in-interest to the Estate of Virginia Jordan, deceased. The complaint names as defendants the law firm of Rogers, Sheffield & Campbell, LLP, Angela Jordan Hart, Jennifer Jordan, Adult Protective Services employee Jamie Cathleen Green (Green), and Amethyst Eve Sheffield and Sheila T. Price, as Co-Personal Representatives of the Estate of Homer G. Sheffield Jr., deceased (Price/Sheffield or, collectively, Sheffield). The complaint alleged causes of action for (1) breach of fiduciary duty (vs. RSC and Sheffield), (2) breach of duty to preserve confidentiality (vs. RSC and Sheffield), (3) legal malpractice (vs. RSC and Sheffield), (4) breach of contract (vs. RSC and Sheffield), (5) intentional interference with contractual relations (vs. Angela, Jennifer, and Green), (6) breach of the implied duty of good faith and fair dealing (vs. RSC and Sheffield), (7) constructive fraud (vs. RSC and Sheffield), (8) fraud by concealment (vs. RSC and Sheffield), (9) intentional misrepresentation (vs. RSC, Sheffield, Angela and Jennifer), (10) conspiracy to defraud (vs. Angela, Jennifer, and Green), (11) negligent misrepresentation (vs. RSC and Sheffield), (12) negligence (vs. RSC and Sheffield), (13) dependent adult emotional abuse and harassment (vs. Angela, Jennifer, and Green), (14) elder emotional abuse and harassment (vs. Angela, Jennifer, and Green), (15) intentional infliction of emotional distress (vs. Angela, Jennifer, and Green), (16) reformation of trust (to confirm the existence and validity of the Sixth Amendment), and (17) declaratory relief (seeking a declaration regarding the validity of the Sixth Amendment, who should be successor trustee of the trust, and the beneficiaries and amounts of distributions from trust assets).The complaint set forth many pages of allegations of wrongdoing against Green. Essentially, it alleged that Green, in her position as an employee of the Adult Protective Services, was assigned to investigate claims made against Nicole by Angela and Jennifer with respect to Nicole’s treatment of Borimir and Virginia, and became fixated, disturbed, “out to get” Nicole, and tormented Virginia and Nicole over a period of years. She is alleged to have failed to investigate the Jordans’ contentions that Angela and Jennifer verbally abused them; falsely accused Nicole of having improperly taken funds from or written checks on Jordan accounts; promoted and encouraged Angela and Jennifer to “conserve” the Jordans; had the Jordans’ financial accounts frozen which caused them financial damage and injury; conspired with Angela, Jennifer, Sheffield, and others to frame Nicole; failed to investigate Angela’s and Jennifer’s false allegations of Nicole’s drug use; failed to request an autopsy after Virginia’s death (which Nicole alleges was caused by the administration of a heroin overdose by a hospice doctor), and writing a misleading report to the Probate Court, among other allegations of wrongdoing. Defendant Green demurred to the complaint, contending that Nicole’s claim had been untimely and she had failed to commence late claim proceedings, that the complaint was served upon County prior to its rejection of the claim for untimeliness, and that the various causes of action alleged against her were insufficiently alleged. Defendant Green also sought to strike the punitive damages claims against her. After hearing on December 11, 2023, the Court (1) sustained the Green demurrer based upon failure to allege compliance with the claims presentation requirement, which mooted all other grounds for demurrer, and (2) found that the sustaining of the Green demurrer mooted the motion to strike. Plaintiff was permitted leave to file an amended pleading.Plaintiff’s First Amended Complaint (FAC) was filed on January 8, 2024, again filed by Nicole allegedly individually and in her capacities as successor trustee and beneficiary of The Borimir and Virginia Jordan Family Trust, and as beneficiary and successor-in-interest to the Estate of Virginia Jordan, deceased. The FAC omitted the previously alleged causes of action for breach of contract, intentional interference with contractual relations, breach of the implied covenant of good faith and fair dealing, elder emotional abuse and harassment, and intentional infliction of emotional distress, and added causes of action for intentional interference with inheritance, and conspiracy to interfere with inheritance. Even with the elimination of five causes of action, the FAC spans 75 pages, including 55 pages (232 paragraphs) of preliminary allegations before the first cause of action is alleged. The currently-alleged causes of action include (1) breach of fiduciary duty (vs. RSC, Sheffield), (2) breach of the duty to preserve confidentiality (vs. RSC, Sheffield), (3) legal malpractice (vs. RSC, Sheffield), (4) intentional interference with inheritance (vs. RSC, Sheffield, Green, Angela, Jennifer), (5) constructive fraud (vs. RSC, Sheffield), (6) fraud by concealment (vs. RSC, Sheffield), (7) intentional misrepresentation (vs. RSC, Sheffield, Angela, Jennifer), (8) conspiracy to interfere with inheritance (vs. RSC, Sheffield, Green, Angela, Jennifer), (9) negligent misrepresentation (vs. RSC, Sheffield), (10) negligence (vs. RSC, Sheffield), (11) dependent adult emotional abuse and harassment (vs. Angela, Jennifer, Green), (12) reformation of trust (not stated against any defendant), and (13) declaratory relief (not stated against any defendant). The FAC continued to allege the same allegations of wrongdoing against Green, as well as alleging that she was, at all relevant times, employed as a Social Services Worker for the Santa Barbara County Department of Social Services Adult Protective Services program—a position of public employment. Significantly, however, the FAC still failed to include any allegations either demonstrating or excusing compliance with the claims presentation requirement. Green demurrer: Green has demurred again on various bases, including that Nicole failed to allege compliance with the Government Claim presentation requirement, and failed to present a timely claim. Green further demurred individually to each of the three causes of action alleged against her. With respect to the fourth cause of action for interference with inheritance, Green contends that the FAC does not contain facts showing that she directed her allegedly tortious conduct at the testator, as required for the cause of action, and that the cause of action is not available to Nicole because she had an adequate remedy in probate. With respect to the eighth cause of action for conspiracy to defraud/interference with inheritance, Green asserts that there is no independent tort of conspiracy, nor is there a cause of action for conspiracy to commit a tort. As a result, the cause of action is duplicative of the fourth cause of action for interference with inheritance, and fails for the same reasons.With respect to the eleventh cause of action for dependent adult emotional abuse and harassment, Green contends there is no independent cause of action for emotional abuse and harassment of a dependent adult. Rather, under the Elder Abuse Act, and elder or dependent adult who suffered abuse may seek and elder abuse restraining order excluding the perpetrator from her residence. (Wel. & Inst. Code, § 15657.03.) Green motion to strike: Green has moved to strike the punitive damage allegations from the FAC, contending that the allegations are insufficient to support the conclusion that Green’s conduct was malicious, oppressive, or fraudulent, as defined in Civil Code section 3294(c). Additionally, Green asserts that governmental agencies are not liable for punitive damages, and while the County is not named as a defendant, an employing public entity is generally liable for damage or injury caused, must provide an employee’s defense to the action, and is liable to pay any judgment without a right to indemnification from the employee. Appellate Court ruling on Nicole’s appeal of the Probate decision: By a decision filed on January 16, 2024, the Second District Court of Appeal, Division Six, affirmed the decision of the Probate Court sustaining, without leave to amend on statute of limitations grounds, the demurrer to the Petition to Validate the Sixth Trust Amendment, the Petition to Confirm Assets Held by Mark Watson Pass to Petitioner as the Sole Beneficiary and Successor Trustee, and the apparent sub-petitions to Invalidate the Fourth and Fifth Trust Amendments, and for Declaratory Relief.Ruling on demurrer and motion to strike brought by defendants RSC and Price/Sheffield: After hearing on July 1, 2024, the trial court sustained in part and overruled in part the demurrers filed by RSC and Price/Sheffield, with the ultimate result being that demurrers to each of the causes of action stated against those demurring defendants were sustained. Oppositions: Nicole has opposed both Green’s demurrer and her motion to strike. ANALYSIS: The Court will sustain the demurrer, and permit Nicole one last opportunity to plead her best case against defendant Green. This should include allegations which either demonstrate her compliance with the claims presentation requirement, or demonstrate her excuse from compliance with the requirement. The Court will direct Nicole to file and serve any further amended pleading on or before August 26, 2024, or such other date as this Court may provide at the hearing on this demurrer. 1. Standards on demurrer.The court’s task in ruling on a demurrer is to determine whether the complaint states a cause of action. (People ex rel. Lungren v. Superior Court (1996) 14 Cal.4th 294, 300.) A demurrer admits the truth of all material facts properly pleaded (Aubry v. Tri-City Hosp. Dist. (1992) 2 Cal.4th 962, 966-967), no matter how unlikely or improbable they may be (Del E. Webb Corp. v. Structural Materials Co. (1981) 123 Cal.App.3d 593, 604), or how unlikely it will be that plaintiff will be able to prove the claim (Committee on Children’s Television, Inc. v. General Foods Corp. (1983) 35 Cal.3d 197, 213-214). The court also assumes the truth of all reasonable inferences that may be drawn from the properly pleaded facts. (Reynolds v. Bement (2005) 36 Cal.4th 1075, 1083.) The assumption of truth does not apply, however, to contentions, deductions, or conclusions of law or fact. (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) A demurrer tests the pleadings alone and not the evidence or other extrinsic matters, and therefore lies only where the defects appear on the face of the pleading or are judicially noticed. (Id.)Where the allegations of the complaint or matters of which judicial notice may be taken reveal a defense to the action, such as a statute of limitations bar, the plaintiff must “plead around” the defense by alleging specific facts which would avoid the apparent defense. Absent such allegations, the complaint is subject to demurrer for failure to state a cause of action. (See Gentry v. eBay, Inc. (2002) 99 Cal.App.4th 816, 825; Lee v. Escrow Consultants, Inc. (1989) 210 Cal.App.3d 915, 917, 921-922.) Similarly, where plaintiff relies on a theory of fraudulent concealment to save a cause of action that otherwise appears on its face to be time-barred, he or she must specifically plead facts that, if proved, would support the theory. (Mills v. Forestex Co. (2003) 108 Cal.App.4th 625, 641. 2. Demurrer. A. Government Tort Claims Act claim requirementUnder the terms of Government Code section 905, any action for money or damages against a local public entity may not be maintained unless a written claim has first been presented. The required contends of such a claim are articulated in Government Code section 910.Pursuant to Government Code section 911.2(a) a claim relating to a cause of action for death or for injury to a person or to personal property or growing crops must be presented to the public agency no later than six months after accrual of the cause of action. A claim related to any other cause of action must be presented no later than one year after accrual of the cause of action. (Gov. Code, § 911.2, subd. (a).) The statutory time limits within which a claim must be presented to a public entity are mandatory. (Wood v. Riverside Gen. Hosp. (1994) 25 Cal.App.4th 1113, 1119.) Under Government Code section 911.3(a), when a claim is subject to the six month time limit for presentation of a claim, and is presented after such time without an application to present a late claim made pursuant to Section 911.4, the agency may, at any time within 45 days after the claim is presented, give written notice to the person presenting the claim that it was not timely filed, and is being returned without further action. The notice shall inform the claimant that his or her only recourse is to apply for leave to present a late claim. The agency must act on the claim within 45 days after the claim is presented. (Gov. Code, § 912.4, subd. (a).) If the agency fails or refuses to act on a claim within the time prescribed, the claim will be deemed to have been rejected by the board on the last day of the period within which the board was required to act upon the claim. (Gov. Code, § 912.4, subd. (c).) No suit for money or damages may be brought against a public entity on a cause of action for which a claim is required to be presented, until a written claim therefor has been presented to the public entity and has been acted upon or deemed to have been rejected. (Gov. Code, § 945.4.) This provision is made applicable to claims against public employees by Government Code section 950.6(a), which contains similar provisions.Any plaintiff filing a complaint against a public entity (or public employee) must allege facts demonstrating or excusing compliance with the claim presentation requirement. If they do not, their complaint is subject to a general demurrer for failure to state facts sufficient to constitute a cause of action. (Malear v. State of California (2023) 89 Cal.App.5th 213, 220, quoting State of California v. Superior Court (Boddle) (2004) 32 Cal.4th 1234, 1243.) B. Application.The authorities cited above were discussed by the Court when it sustained Green’s demurrer to the original complaint, based upon Nicole’s failure to allege any facts to demonstrate or excuse her compliance with the claim presentation requirement. The Court provided Nicole with leave to amend to include such allegations. However, no allegations were added to the FAC to demonstrate or excuse compliance with the claim presentation requirement, requiring that the demurrer made on this basis be sustained once again. The Court will sustain Green’s demurrer, with leave to amend. Because the demurrer is being sustained, the Court once again finds that the motion to strike is moot, and will order it off calendar. The Court notes that it also sustained the demurrer of the attorney defendants to Nicole’s FAC, with leave to amend, but deferred setting the time by which any further amended pleading must be filed, pending the hearing on Green’s demurrer and motion to strike. Nicole’s counsel had represented in her response to the demurrer, filed on May 9, 2024, that she needed a period of three to four months to obtain discovery of information necessary to prepare an amended pleading. The current hearing is almost three months after that date, which should leave little time left in the window of time which counsel suggested she would need. The Court will direct Nicole to file and serve any further amended pleading on or before August 26, 2024, or such other date as this Court may provide at the hearing on this demurrer.
Ruling
China Tianjiu International Resources Group Limited vs Renee Kwan, et al
Jul 23, 2024 |20CV01351
20CV01351CHINA TIANJIU INT’L RESOURCES GRP LTD v. KWAN et al. (UNOPPOSED) PLAINTIFF’S MOTION TO BE RELIEVED The unopposed motion to be relieved is granted. Plaintiff is ordered to immediatelysecure successor counsel, since a business entity party cannot proceed in pro per.Notice to prevailing parties: Local Rule 2.10.01 requires you to submit a proposed formal orderincorporating, verbatim, the language of any tentative ruling – or attaching and incorporating thetentative by reference - or an order consistent with the announced ruling of the Court, inaccordance with California Rule of Court 3.1312. Such proposed order is required even if theprevailing party submitted a proposed order prior to the hearing (unless the tentative issimply to “grant”). Failure to comply with Local Rule 2.10.01 may result in the imposition ofsanctions following an order to show cause hearing, if a proposed order is not timely filed.
Ruling
HEMMAT vs GRIFFITH
Jul 25, 2024 |Civil Unlimited (Breach of Rental/Lease Contra...) |23CV051077
23CV051077: HEMMAT vs GRIFFITH 07/25/2024 Hearing on Motion to Compel Further Discovery Responses filed by Reagan Griffith (Cross-Complainant) in Department 518Tentative Ruling - 07/23/2024 Victoria KolakowskiThe Hearing on Motion to Compel Further Discovery Responses filed by Reagan Griffith(Cross-Complainant) scheduled for 07/25/2024 is continued to 09/12/2024 at 02:30 PM inDepartment 518 at Hayward Hall of Justice .I. BackgroundEd Hemmat sued Reagan Griffith (doing business as “Ray of Light”), among another, allegingthat Griffith breached their 5-year commercial lease agreement for a property in Hayward,California. (Compl. ¶¶ 2, 3, 7–11, Nov. 13, 2023.) Hemmat alleged that in November 2023Griffith abandoned the property without lawful justification and that Griffith owes $145,800.00in unpaid rent, late fees, lost rent, and expenses in reletting the property. (Id. ¶¶ 10, 11.) Hemmatfiled a complaint asserting causes of action for breach of contract and common count (open bookaccount). (Id. ¶¶ 6–19.) Griffith filed an answer and a cross-complaint against Hemmat.(Answer, Jan. 19, 2024; Cross-Compl., Jan. 19, 2024.)Soon after appearing, Griffith filed a set of form interrogatories (general), special interrogatories,and document requests. (Akbar Decl. ¶ 3, May 13, 2024; see also id. Exs. A, B, D (copies ofdiscovery requests).) On February 23, 2024, Hemmat responded to the requests. (Id. ¶ 4; see alsoid. Exs. E, F, H (copies of responses).)On February 26, 2024, Griffith emailed Hemmat noting what he believed were deficientresponses. (Id. Ex. I.) Hemmat did not respond. (Id. ¶ 6.) On March 6, 2024, Griffith followed upon his email; and Griffith noted he was leaving for vacation and had urgent matters in otheractions. (Id. Ex. J.) In mid-March, the parties later met and conferred by telephone and Hemmatagreed to provide further responses by March 29, 2024. (Id. ¶ 8.) Hemmat did not amend hisresponses. (Id. ¶ 9.) Griffith twice followed up with Hemmat about the status of the responses,but Hemmat did not respond. (Id.)Griffith moved to compel further responses to the special and form interrogatories, and documentrequests. (Mot., May 13, 2024.) Hemmat opposed, arguing that Griffith improperly moved tocompel further responses to the three discovery requests through a single motion, that theseparate statement is defective, among other points. (Opp’n Mem., July 9, 2024.)II. DiscussionThe Court continues the hearing on this motion to allow the parties to further meet and conferabout the adequacy of Hemmat’s responses to the discovery requests. Although the Courttentatively agrees that Hemmat’s responses appear deficient (see, e.g., Separate Stmt. 3:10–23(incomplete responses), 6:16–7:13) (same), 11:24–14:8 (same), 14:9–16:25 (same), May 13, SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA 23CV051077: HEMMAT vs GRIFFITH 07/25/2024 Hearing on Motion to Compel Further Discovery Responses filed by Reagan Griffith (Cross-Complainant) in Department 51820241), the Court finds that the parties’ meet and confer efforts were marginal. (See Weil &Brown, Cal. Prac. Guide Civ. Proc. Before Trial, Ch. 8F-7, ¶ 8:1136 (Rutter Group 2023) (“Thepurpose of the meet and confer requirement is to force lawyers to reexamine their positions, andto narrow their discovery disputes to the irreducible minimum, before calling upon the court toresolve the matter.”) (citing Stewart v. Colonial W. Agency, Inc. (2001) 87 Cal. App. 4th 1006,1016).)The Court is unpersuaded by Hemmat’s arguments that the motion and the supporting separatestatement are procedurally defective.III. OrdersThe motion is continued to September 12, 2024, at 2:30 p.m.The parties must meet and confer either in person or by telephone or video conference (in orderof preference)—on more than one occasion if necessary—to discuss the adequacy of Hemmat’sresponses to the special and form interrogatories, and document requests.If the parties are unable to resolve their dispute, the parties must submit a joint separatestatement no later than August 29, 2024, containing the information prescribed by Rule of Court3.1345(c) and detailing the parties’ subsequent meet and confer efforts. The joint separatestatement may not exceed 15 pages. 1 To avoid any confusion: The Court references these responses as tentative findings. TheCourt defers ruling on the adequacy of Hemmat’s responses and objections to the next hearingon this motion.PLEASE NOTE: Pursuant to California Rule of Court 3.1308, subdivision (a)(1), this tentativeruling will become the order of the Court unless it is contested before 4:00 PM on the court daypreceding the noticed hearing.To contest a tentative ruling, a party should do the following:First, the party must notify Department 518, by email at Dept518@alameda.courts.ca.gov andcopy all counsel of record and self-represented parties. The contesting party must state in thesubject line of the email the case name, case number and motion.Second, the party shall log into the eCourt Public Portal, search for this case (e.g., by casenumber), select the case name, select the "Tentative Rulings" tab, click the "Click to Contest thisRuling" button, enter the party's name and a brief statement of the party's reason for contestingthe tentative, and click "Proceed." SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA 23CV051077: HEMMAT vs GRIFFITH 07/25/2024 Hearing on Motion to Compel Further Discovery Responses filed by Reagan Griffith (Cross-Complainant) in Department 518Parties may appear via videoconference, using the Zoom.com website or application.TO CONNECT TO ZOOM:Department 518 is inviting you to a scheduled ZoomGov meeting.Topic: Department 518's Personal Meeting RoomJoin ZoomGov Meetinghttps://alameda-courts-ca-gov.zoomgov.com/j/16054307984Meeting ID: 160 5430 7984One tap mobile+16692545252,,16054307984# US (San Jose)+14154494000,,16054307984# US (US Spanish Line)---Dial by your location• +1 669 254 5252 US (San Jose)
Ruling
Jul 29, 2024 |24STCV04091
Case Number: 24STCV04091 Hearing Date: July 29, 2024 Dept: 71 Superior Court of California County of Los Angeles DEPARTMENT 71 TENTATIVE RULING THE GRAY CASUALTY & SURETY COMPANY, vs. GRAFF LOGISTICS LLC, et al. Case No.: 24STCV04091 Hearing Date: July 29, 2024 Plaintiff The Gray Casualty & Surety Companys Request for Default Judgment Having considered all documents submitted in support of a default judgment, the Court rules as follows: Background On February 20, 2024, The Gray Casualty & Surety Company (Plaintiff) filed its initial Complaint against Defendants Graff Logistics LLC and Armine Darebidyan aka Darbidyan. On April 22, 2024, Plaintiff filed the operative first amended complaint against Defendants Graff Logistics LLC and Edgar Elizarov for goods and services sold and delivered, account stated, open book account, and breach of written contract. On July 15, 2024, Plaintiff dismissed Graff Logistics LLC from the operative first amended complaint. On July 10, 2024, the clerk entered default against Defendant Edgar Elizarov. On July 18, 2024, Plaintiff filed a Request for Court Judgment to be heard on July 29, 2024. Partys Request Plaintiff requests the Court to enter a default judgment against Defendant Edgar Elizarov and award Plaintiff $73,819.88 consisting of $62,112.50 as the demand of the first amended complaint, $9,070.13 in prejudgment interest, $2,132.25 in attorneys fees, and $505.00 in costs. Discussion Plaintiff submitted a completed default judgment packet, with all applicable attachments. The Court finds sufficient evidence to justify the requested award and grants Plaintiffs request in full. Conclusion The application for default judgment filed on July 18, 2024, is granted. Judgment of $73,819.88 is entered against Defendant Edgar Elizarov. Plaintiff is ordered to give notice of this ruling. Dated: July _____, 2024 Hon. Daniel M. Crowley Judge of the Superior Court
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EVOLVE REMODELING GROUP LLC V LAKE SHORE TRUST
Jul 19, 2024 |James W. Sherman |CONTRACT & DEBT |50-2024-CA-006769-XXXA-MB
