This case was last updated from Los Angeles County Superior Courts on 05/21/2021 at 08:17:43 (UTC).

ANGELICA NUNEZ VS ENRIQUE LARA, ET AL.

Case Summary

On 12/18/2020 ANGELICA NUNEZ filed a Contract - Other Contract lawsuit against ENRIQUE LARA. 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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0504

  • Filing Date:

    12/18/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

NUNEZ ANGELICA

Defendants

AC GUYS

LARA MARGARET DBA AC GUYS

LARA ENRIQUE DBA AC GUYS

 

Court Documents

Demurrer - with Motion to Strike (CCP 430.10) - Demurrer - with Motion to Strike (CCP 430.10)

5/13/2021: Demurrer - with Motion to Strike (CCP 430.10) - Demurrer - with Motion to Strike (CCP 430.10)

Demurrer - with Motion to Strike (CCP 430.10) - Demurrer - with Motion to Strike (CCP 430.10)

5/14/2021: Demurrer - with Motion to Strike (CCP 430.10) - Demurrer - with Motion to Strike (CCP 430.10)

Proof of Personal Service - Proof of Personal Service by Sheriff's Department

3/22/2021: Proof of Personal Service - Proof of Personal Service by Sheriff's Department

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

4/5/2021: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

4/5/2021: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

4/5/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

4/5/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Request for Dismissal - Request for Dismissal

4/5/2021: Request for Dismissal - Request for Dismissal

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

4/5/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

4/5/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Notice: Waiver of Court Fees (Superior Court) - Notice: Waiver of Court Fees (Superior Court)

4/9/2021: Notice: Waiver of Court Fees (Superior Court) - Notice: Waiver of Court Fees (Superior Court)

Notice: Waiver of Court Fees (Superior Court) - Notice: Waiver of Court Fees (Superior Court)

4/9/2021: Notice: Waiver of Court Fees (Superior Court) - Notice: Waiver of Court Fees (Superior Court)

Notice: Waiver of Court Fees (Superior Court) - Notice: Waiver of Court Fees (Superior Court)

4/9/2021: Notice: Waiver of Court Fees (Superior Court) - Notice: Waiver of Court Fees (Superior Court)

Complaint - Complaint

12/18/2020: Complaint - Complaint

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

12/18/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

12/18/2020: First Amended Standing Order - First Amended Standing Order

Summons - Summons on Complaint

12/18/2020: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

12/18/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

10 More Documents Available

 

Docket Entries

  • 12/22/2023
  • Hearing12/22/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 06/17/2022
  • Hearing06/17/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 05/27/2021
  • Hearing05/27/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Demurrer - with Motion to Strike (CCP 430.10)

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  • 05/27/2021
  • Hearing05/27/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Demurrer - with Motion to Strike (CCP 430.10)

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  • 05/14/2021
  • DocketDemurrer - with Motion to Strike (CCP 430.10); Filed by: Margaret Lara (Defendant)

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  • 05/14/2021
  • DocketHearing on Demurrer - with Motion to Strike (CCP 430.10) scheduled for 05/27/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 05/14/2021
  • DocketHearing on Demurrer - with Motion to Strike (CCP 430.10) scheduled for 05/27/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 05/13/2021
  • DocketDemurrer - with Motion to Strike (CCP 430.10); Filed by: Enrique Lara (Defendant)

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  • 04/14/2021
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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  • 04/14/2021
  • DocketRequest for Entry of Default / Judgment; Filed by:

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18 More Docket Entries
  • 03/22/2021
  • DocketProof of Personal Service by Sheriff's Department; Filed by: Angelica Nunez (Plaintiff); As to: Margaret Lara (Defendant); Service Date: 02/25/21; Service Cost: 40.00; Service Cost Waived: No

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  • 03/22/2021
  • DocketProof of Personal Service by Sheriff's Department; Filed by: Angelica Nunez (Plaintiff); As to: AC Guys (Defendant); Service Date: 02/25/21; Service Cost: 40.00; Service Cost Waived: No

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  • 12/18/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/22/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 12/18/2020
  • DocketNon-Jury Trial scheduled for 06/17/2022 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 12/18/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 12/18/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/18/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/18/2020
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 12/18/2020
  • DocketCivil Case Cover Sheet; Filed by: Angelica Nunez (Plaintiff)

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  • 12/18/2020
  • DocketComplaint; Filed by: Angelica Nunez (Plaintiff); As to: Enrique Lara (Defendant); Margaret Lara (Defendant); AC Guys (Defendant)

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Tentative Rulings

Case Number: 20STLC10504    Hearing Date: May 27, 2021    Dept: 25

PROCEEDINGS: DEMURRER TO PLAINTIFF’S COMPLAINT (x2)

MOVING PARTY: Defendants Enrique Lara and Margaret Lara, individually and dba AC Guys

RESP. PARTY: None

DEMURRER

(CCP § 430.10, et seq.)

TENTATIVE RULING:

Defendants Enrique Lara and Margaret Lara’s Demurrers are CONTINUED TO JUNE 29, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendants must properly serve Plaintiff with the Demurrers and notice of continued hearing. Failure to do so will result in the Demurrers being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[ ] Correct Address (CCP §§ 1013, 1013a) NO

[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: None filed as of May 25, 2021 [ ] Late [X] None

REPLY: None filed as of May 25, 2021 [ ] Late [X] None

ANALYSIS:

I. Background & Discussion

On December 18, 2020, Plaintiff Angelica Nunez (“Plaintiff”), in pro per, filed an action against Defendants Enrique Lara individually and dba AC Guys (“Enrique”) and Margaret Lara, individually and dba AC Guys (“Margaret”) (collectively, “Defendants”).

Defendant Enrique filed the instant Demurrer to Plaintiff’s Complaint on May 13, 2021. Defendant Margaret filed her Demurrer to Plaintiff’s Complaint on May 14, 2021. Both Demurrers were scheduled for hearing for May 27, 2021.

As an initial matter, the Court notes Defendants did not provide sufficient notice to Plaintiff or to the Court. Code of Civil Procedure section 1005 states that a motion must be filed and served at least sixteen (16) court days before the hearing, plus an additional five (5) days if served by regular mail. (Code Civ. Proc., § 1005, subd. (b).) Here, Defendant Enrique filed his Demurrer only ten (10) days before the hearing and Defendant Margaret filed her Demurrer only nine (9) days before. Both demurrers were served on May 13, only ten days before this hearing.

In addition, both Demurrers were served on Plaintiff electronically. (Demurrers, Proofs of Service.) However, self-represented litigants cannot be served electronically unless they expressly consent to accept electronic service. (Cal. Rules of Court, rule 2.251, subd. (c) [“Self-represented parties…must be served [c]onventionally, unless the self-represented party…agrees, in writing, to accept electronic service”].) Thus, Defendants’ electronic service of the Demurrers is not sufficient; the Demurrers must be served by mail.

Failure to give proper notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) The Court cannot rule on the Demurrers until Plaintiff has been given notice in accordance with statutory requirements.

II. Conclusion & Order

For the foregoing reasons, Defendants Enrique Lara and Margaret Lara’s Demurrers are CONTINUED TO JUNE 29, 2021 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendants must properly serve Plaintiff with the Demurrers and notice of continued hearing. Failure to do so will result in the Demurrers being placed off calendar or denied.

Moving parties are ordered to give notice.