On 12/16/2019 ALBERT B CARREON filed a Contract - Other Contract lawsuit against KENNETH LEE CARREON. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.
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12/16/2019
Pending - Other Pending
Los Angeles, California
JAMES E. BLANCARTE
CARREON ALBERT B
CARREON KENNETH LEE
POWELL JOHN WILLIAM
CHEIFER SOLOMON
NOVAK LOUIS CHARLES
1/19/2021: Objection (name extension) - Objection to Plaintiff's Separate Statement
1/19/2021: Opposition (name extension) - Opposition to Plaintiff's Motion for Summary Judgment
1/19/2021: Separate Statement - Separate Statement
1/19/2021: Declaration (name extension) - Declaration Opposing Party's Evidence in Opposition to Plaintiff's Motion for Summary Judgment
1/19/2021: Proof of Personal Service - Proof of Personal Service
1/26/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)
1/26/2021: Reply (name extension) - Reply MEMO TO DEFENADNT'S OPPOSITION TO MSJ
1/27/2021: Request for Judicial Notice - Request for Judicial Notice
2/1/2021: Minute Order - Minute Order (Hearing on Motion for Summary Judgment)
2/1/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Summary Judgment) of 02/01/2021
11/13/2020: Separate Statement - Separate Statement
11/13/2020: Declaration (name extension) - Declaration PLAINTIFF'S EVIDENCE IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT
6/30/2020: Answer - Answer
4/2/2020: Substitution of Attorney - Substitution of Attorney
12/16/2019: Summons - Summons on Complaint
12/16/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
12/16/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
12/16/2019: First Amended Standing Order - First Amended Standing Order
DocketMinute Order (Hearing on Motion for Summary Judgment)
DocketCertificate of Mailing for (Hearing on Motion for Summary Judgment) of 02/01/2021; Filed by: Clerk
DocketHearing on Motion for Summary Judgment scheduled for 02/01/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Court on 02/01/2021
DocketNon-Jury Trial scheduled for 06/14/2021 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/01/2021; Result Type to Not Held - Vacated by Court
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/19/2022 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/01/2021; Result Type to Not Held - Vacated by Court
DocketRequest for Judicial Notice; Filed by: KENNETH LEE CARREON (Defendant)
DocketReply MEMO TO DEFENADNT'S OPPOSITION TO MSJ; Filed by: ALBERT B CARREON (Plaintiff)
DocketObjection PLAINTIFF'S EVEDENTIARY OBJECTION; Filed by: ALBERT B CARREON (Plaintiff)
DocketProof of Service (not Summons and Complaint); Filed by: ALBERT B CARREON (Plaintiff); As to: KENNETH LEE CARREON (Defendant)
DocketOpposition to Plaintiff's Motion for Summary Judgment; Filed by: KENNETH LEE CARREON (Defendant)
DocketSubstitution of Attorney; Filed by: John William Powell (Attorney); ALBERT B CARREON (Plaintiff)
DocketProof of Service by Substituted Service; Filed by: ALBERT B CARREON (Plaintiff); As to: KENNETH LEE CARREON (Defendant); Proof of Mailing Date: 12/22/2019; Service Cost: 82.80; Service Cost Waived: No
DocketNon-Jury Trial scheduled for 06/14/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/19/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse
DocketComplaint; Filed by: ALBERT B CARREON (Plaintiff); As to: KENNETH LEE CARREON (Defendant)
DocketSummons on Complaint; Issued and Filed by: ALBERT B CARREON (Plaintiff); As to: KENNETH LEE CARREON (Defendant)
DocketCivil Case Cover Sheet; Filed by: ALBERT B CARREON (Plaintiff); As to: KENNETH LEE CARREON (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
Case Number: 19STLC11451 Hearing Date: February 01, 2021 Dept: 25
HEARING DATE: Mon., February 1, 202 1 JUDGE /DEPT: Blancarte/25
CASE NAME: Carreon v. Carreon COMPL. FILED: 12-16-19
CASE NUMBER: 19STLC11451 DISC. C/O: 05-15-21
NOTICE: OK DISC. MOT. C/O: 05-30-21
TRIAL DATE: 06-14-21
PROCEEDINGS: MOTION FOR SUMMARY JUDGMENT
MOVING PARTY: Plaintiff Albert B. Carreon
RESP. PARTY: Defendant Kenneth Lee Carreon
MOTION FOR SUMMARY JUDGMENT
(CCP § 437c)
TENTATIVE RULING:
Plaintiff Albert B. Carreon’s Motion for Summary Judgment is PLACED OFF CALENDAR. The action is RECLASSIFIED as an unlimited jurisdiction case and is transferred to the transfer/reclassification desk for collection of fees and reassignment. Plaintiff is ordered to pay the reclassification fee within ten (10) days of this order.
SERVICE:
[X] Proof of Service Timely Filed (CRC 3.1300) OK
[X] Correct Address (CCP 1013, 1013a) OK
[X] 75/80 Day Lapse (CCP 12c and 1005 (b)) OK
OPPOSITION: Filed on January 19, 2021 [ ] Late [ ] None
REPLY: Filed on January 26, 2021 [X] Late [ ] None
ANALYSIS:
Background & Discussion
On December 16, 2019, Plaintiff Albert Carreon (“Plaintiff”) filed an action for declaratory relief against Kenneth Lee Carreon (“Defendant”). Defendant filed his answer on June 30, 2020.
On November 13, 2020, Plaintiff filed the instant Motion for Summary Judgment (the “Motion”). Defendant filed an Opposition on January 19, 2021, and Plaintiff filed a Reply on January 26, 2021.
As an initial matter, the Court notes that pursuant to Code of Civil Procedure section 580, subdivision (b)(4), “[d]eclaratory relief, except as authorized by section 86,” is not permissible in a limited jurisdiction court. Section 86 permits an action for declaratory relief when it is brought by way of cross-complaint or when sought to conduct a trial after a nonbinding fee arbitration between an attorney and his client. (Code Civ. Proc., § 86, subd. (a)(7).) Neither applies here. Thus, the Court finds this case was incorrectly classified as a limited jurisdiction action.
Accordingly, the Court reclassifies this action to unlimited jurisdiction court on its own motion under Code of Civil Procedure section 403.040, subdivision (a). Plaintiff is ordered to pay the reclassification fee within ten (10) days of this order.
Conclusion & Order
For the foregoing reasons, Plaintiff Albert B. Carreon’s Motion for Summary Judgment is PLACED OFF CALENDAR. The action is RECLASSIFIED as an unlimited jurisdiction case and is transferred to the transfer/reclassification desk for collection of fees and reassignment. Plaintiff is ordered to pay the reclassification fee within ten (10) days of this order.
Moving party is ordered to give notice.