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This case was last updated from Los Angeles County Superior Courts on 03/10/2020 at 01:21:15 (UTC).

14634 BLYTHE ASSOCIATES, LLC VS GARCIA MANUEL

Case Summary

On 08/26/2019 14634 BLYTHE ASSOCIATES, LLC filed a Property - Commercial Eviction lawsuit against GARCIA MANUEL. This case was filed in Los Angeles County Superior Courts, Van Nuys Courthouse East located in Los Angeles, California. The Judges overseeing this case are EMILY GARCIA UHRIG and SHIRLEY K. WATKINS. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2227

  • Filing Date:

    08/26/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Commercial Eviction

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Van Nuys Courthouse East

  • County, State:

    Los Angeles, California

Judge Details

Judges

EMILY GARCIA UHRIG

SHIRLEY K. WATKINS

 

Party Details

Plaintiffs

14634 BLYTHE ASSOCIATES LLC

14630-14636 BLYTHE ASSOCIATES LLC

Defendant

GARCIA MANUEL

Attorney/Law Firm Details

Plaintiff Attorney

DAWSON JONATHAN THOMAS

Defendant Attorney

HERMANSEN KEVIN

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Ruling on Submitted Matter) of 02/24/2020, Tentative Statement of Decision and Findings of Fact

2/24/2020: Certificate of Mailing for - Certificate of Mailing for (Ruling on Submitted Matter) of 02/24/2020, Tentative Statement of Decision and Findings of Fact

Minute Order - Minute Order (Non-Jury Trial)

1/28/2020: Minute Order - Minute Order (Non-Jury Trial)

Minute Order - Minute Order (Non-Jury Trial)

1/15/2020: Minute Order - Minute Order (Non-Jury Trial)

Minute Order - Minute Order (Non-Jury Trial)

1/8/2020: Minute Order - Minute Order (Non-Jury Trial)

Minute Order - Minute Order (Non-Jury Trial)

12/23/2019: Minute Order - Minute Order (Non-Jury Trial)

Minute Order - Minute Order (Non-Jury Trial)

12/16/2019: Minute Order - Minute Order (Non-Jury Trial)

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

12/17/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Proof of Service by Mail - Proof of Service by Mail

11/19/2019: Proof of Service by Mail - Proof of Service by Mail

Notice (name extension) - Notice of Continued Trial

11/19/2019: Notice (name extension) - Notice of Continued Trial

Proof of Service by Mail - Proof of Service by Mail

11/20/2019: Proof of Service by Mail - Proof of Service by Mail

Minute Order - Minute Order (Non-Jury Trial)

11/20/2019: Minute Order - Minute Order (Non-Jury Trial)

Complaint - Complaint

8/26/2019: Complaint - Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

8/26/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Unlawful Detainer (Eviction) - Notice of Unlawful Detainer (Eviction) (Manuel Garcia)

8/28/2019: Notice of Unlawful Detainer (Eviction) - Notice of Unlawful Detainer (Eviction) (Manuel Garcia)

Notice of Unlawful Detainer (Eviction) - Notice of Unlawful Detainer (Eviction) (ALL OCCUPANTS)

8/28/2019: Notice of Unlawful Detainer (Eviction) - Notice of Unlawful Detainer (Eviction) (ALL OCCUPANTS)

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

9/10/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Request/Counter-Request To Set Case For Trial - Request/Counter-Request To Set Case For Trial

10/15/2019: Request/Counter-Request To Set Case For Trial - Request/Counter-Request To Set Case For Trial

Minute Order - Minute Order (Non-Jury Trial)

11/8/2019: Minute Order - Minute Order (Non-Jury Trial)

23 More Documents Available

 

Docket Entries

  • 03/13/2020
  • Hearing03/13/2020 at 03:00 PM in Department T at 6230 Sylmar Ave., Van Nuys, CA 91401; Non-Appearance Case Review

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  • 03/04/2020
  • DocketNon-Appearance Case Review scheduled for 03/13/2020 at 08:30 AM in Van Nuys Courthouse East at Department T

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  • 03/04/2020
  • DocketOn the Court's own motion, Non-Appearance Case Review scheduled for 03/13/2020 at 08:30 AM in Van Nuys Courthouse East at Department T Not Held - Rescheduled by Court was rescheduled to 03/13/2020 03:00 PM

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  • 02/24/2020
  • DocketUpdated -- Statement of Decision [TENTATIVE] Statement of Decision and Findings of Fact; Order to Show Cause: Name Extension changed from [TENTATIVE] to [TENTATIVE] Statement of Decision and Findings of Fact; Order to Show Cause; As To Parties: removed

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  • 02/24/2020
  • DocketMinute Order (Ruling on Submitted Matter)

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  • 02/24/2020
  • DocketCertificate of Mailing for (Ruling on Submitted Matter) of 02/24/2020, Tentative Statement of Decision and Findings of Fact; Filed by: Clerk

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  • 02/21/2020
  • DocketStatement of Decision [TENTATIVE]; Filed by: Clerk

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  • 01/29/2020
  • DocketMinute Order (Non-Jury Trial)

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  • 01/29/2020
  • DocketNon-Jury Trial scheduled for 01/29/2020 at 01:30 PM in Van Nuys Courthouse East at Department T updated: Result Date to 01/29/2020; Result Type to Held - Taken under Submission

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  • 01/28/2020
  • DocketNon-Jury Trial scheduled for 01/29/2020 at 01:30 PM in Van Nuys Courthouse East at Department T

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59 More Docket Entries
  • 09/10/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Manuel Garcia (Defendant)

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  • 09/10/2019
  • DocketAnswer; Filed by: Manuel Garcia (Defendant)

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  • 08/28/2019
  • DocketNotice of Unlawful Detainer mailed 08/28/2019

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  • 08/27/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/04/2019 at 08:30 AM in Van Nuys Courthouse East at Civil Clerk's Office

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  • 08/27/2019
  • DocketCase assigned to Hon. Emily Garcia Uhrig in Department H Van Nuys Courthouse East

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  • 08/26/2019
  • DocketComplaint; Filed by: 14634 Blythe Associates, LLC (Plaintiff); As to: Manuel Garcia (Defendant)

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  • 08/26/2019
  • DocketCivil Case Cover Sheet; Filed by: 14634 Blythe Associates, LLC (Plaintiff); As to: Manuel Garcia (Defendant)

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  • 08/26/2019
  • DocketSummons on Complaint; Issued and Filed by: 14634 Blythe Associates, LLC (Plaintiff); As to: Manuel Garcia (Defendant)

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  • 08/26/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/26/2019
  • DocketProperty Owner/Landlord Only Hearing Notice; Filed by: Clerk

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Tentative Rulings

Case Number: 19VEUD02227    Hearing Date: September 01, 2020    Dept: T

19VEUD02227

MOTION FOR ATTORNEY FEES 9/1/20

TENTATIVE RULING: DENIED FOR FEES BEYOND THE LEASE AGREEMENT CAP OF $750

CCP SECTION 1942.4 STATES THAT PREVAILING PARTY FEES MAY BE AWARDED “IF ALL OF THE FOLLOWING CONDITIONS EXIST PRIOR TO THE LANDLORD’S DEMAND OR NOTICE” (emphasis added):

...(2) A public officer or employee who is responsible for the enforcement of any housing law, after inspecting the premises, has notified the landlord or the landlord’s agent in writing of his or her obligations to abate the nuisance or repair the substandard conditions.

The motion is denied because the requirements of CCP 1942.4(a)(2) were not met as there was no evidence that the landlord was presented of a notification in writing by the health or housing department of nuisance of substandard conditions prior to the three day notice.

Moving party has failed to present any statutory or case law which allows the court to find that a notice to the landlord delivered after the three day notice serves as a qualifying event under section (a)(2), regardless of the explicit language that the notice must be delivered to the landlord before the three day notice.

Regardless of whether the court found a breach of the warranty of habitability that existed prior to the three day notice, the issue here is whether attorney fees can be awarded as a prevailing party pursuant to a specific statute.

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