This case was last updated from Los Angeles County Superior Courts on 08/30/2021 at 00:19:58 (UTC).

ANYTIME RENT A CAR, INC. VS RESEDA SATICOY AUTO BODY AND PAINT, INC.

Case Summary

On 02/19/2020 ANYTIME RENT A CAR, INC filed a Contract - Business lawsuit against RESEDA SATICOY AUTO BODY AND PAINT, INC. 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:

    *******1638

  • Filing Date:

    02/19/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Business

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Cross Defendant and Plaintiff

ANYTIME RENT A CAR INC.

Cross Plaintiff and Defendant

RESEDA SATICOY AUTO BODY AND PAINT INC.

Attorney/Law Firm Details

Cross Defendant and Plaintiff Attorney

FIROUZNAM-HEIDARI JENOS

Cross Plaintiff and Defendant Attorney

BEHJATNIA RUSSELL

 

Court Documents

Clerk's Notice of Full Payment of Fees Required - Clerk's Notice of Full Payment of Fees Required

8/25/2021: Clerk's Notice of Full Payment of Fees Required - Clerk's Notice of Full Payment of Fees Required

Memorandum of Points & Authorities - Memorandum of Points & Authorities

4/29/2021: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Declaration (name extension) - Declaration Declaration of M .Dempsey in Support of Motion for Summary Judgment

4/29/2021: Declaration (name extension) - Declaration Declaration of M .Dempsey in Support of Motion for Summary Judgment

Separate Statement - Separate Statement

4/29/2021: Separate Statement - Separate Statement

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/22/2021

6/22/2021: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/22/2021

Opposition (name extension) - Opposition DEFENDANT AND CROSS-COMPLAINANT RESEDA SATICOY AUTO BODY AND PAINT, INC.S OBJECTIONS AND OPPOSITION TO ANYTIME RENT A CAR, INC.S MOTION FOR SUMMARY JUDGMENT

6/30/2021: Opposition (name extension) - Opposition DEFENDANT AND CROSS-COMPLAINANT RESEDA SATICOY AUTO BODY AND PAINT, INC.S OBJECTIONS AND OPPOSITION TO ANYTIME RENT A CAR, INC.S MOTION FOR SUMMARY JUDGMENT

Objection (name extension) - Objection TO THE DECLARATIONS OF MAIYA K. DEMPSEY, AND VITALIY TSYMBALOV, IN SUPPORT OF DEFENDANT AND CROSS-COMPLAINANT RESEDA SATICOY AUTO BODY AND PAINT, INC.S OBJECTIO

6/30/2021: Objection (name extension) - Objection TO THE DECLARATIONS OF MAIYA K. DEMPSEY, AND VITALIY TSYMBALOV, IN SUPPORT OF DEFENDANT AND CROSS-COMPLAINANT RESEDA SATICOY AUTO BODY AND PAINT, INC.S OBJECTIO

Separate Statement - Separate Statement

6/30/2021: Separate Statement - Separate Statement

Stipulation and Order (name extension) - Stipulation and Order Stipulation and Proposed Order to Continue Trial and Pre-Trial Related Deadlines

7/15/2021: Stipulation and Order (name extension) - Stipulation and Order Stipulation and Proposed Order to Continue Trial and Pre-Trial Related Deadlines

Reply (name extension) - Reply to Opposition to Motion for Summary Judgment

7/30/2021: Reply (name extension) - Reply to Opposition to Motion for Summary Judgment

Objection (name extension) - Objection Evidentiary Objections to the Declaration of R. Behjatnia

7/30/2021: Objection (name extension) - Objection Evidentiary Objections to the Declaration of R. Behjatnia

Response (name extension) - Response DEFENDANT AND CROSS-COMPLAINANT RESEDA SATICOY AUTO BODY AND PAINT, INC.'S RESPONSE RE OPPOSITION TO REQUEST FOR SANCTIONS, AND REQUEST FOR ORDER TO SHOW CAUSE RE

8/2/2021: Response (name extension) - Response DEFENDANT AND CROSS-COMPLAINANT RESEDA SATICOY AUTO BODY AND PAINT, INC.'S RESPONSE RE OPPOSITION TO REQUEST FOR SANCTIONS, AND REQUEST FOR ORDER TO SHOW CAUSE RE

Minute Order - Minute Order (Hearing on Motion for Summary Judgment)

8/5/2021: Minute Order - Minute Order (Hearing on Motion for Summary Judgment)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Summary Judgment) of 08/05/2021

8/5/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Summary Judgment) of 08/05/2021

Cross-Complaint - Cross-Complaint

4/6/2020: Cross-Complaint - Cross-Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

2/19/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

2/19/2020: Summons - Summons on Complaint

Complaint - Complaint

2/19/2020: Complaint - Complaint

15 More Documents Available

 

Docket Entries

  • 08/25/2021
  • DocketClerk's Notice of Full Payment of Fees Required; Filed by: Clerk; As to: Anytime Rent A Car, Inc. (Plaintiff)

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  • 08/05/2021
  • DocketMinute Order (Hearing on Motion for Summary Judgment)

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  • 08/05/2021
  • DocketCertificate of Mailing for (Hearing on Motion for Summary Judgment) of 08/05/2021; Filed by: Clerk

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  • 08/05/2021
  • DocketHearing on Motion for Summary Judgment scheduled for 08/05/2021 at 10:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/05/2021; Result Type to Held

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  • 08/05/2021
  • DocketNon-Jury Trial scheduled for 01/20/2022 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 08/05/2021; Result Type to Not Held - Vacated by Court

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  • 08/03/2021
  • DocketAddress for Russell Behjatnia (Attorney) updated

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  • 08/02/2021
  • DocketNotice of Change of Address or Other Contact Information; Filed by: Russell Behjatnia (Attorney)

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  • 08/02/2021
  • DocketResponse DEFENDANT AND CROSS-COMPLAINANT RESEDA SATICOY AUTO BODY AND PAINT, INC.'S RESPONSE RE OPPOSITION TO REQUEST FOR SANCTIONS, AND REQUEST FOR ORDER TO SHOW CAUSE RE CONTEMPT -- PERJURY PERPETRATED BY DECLARANT VITALIY TSYMBALOV IN SUPPORT OF OPPOSITION TO A; Filed by: Reseda Saticoy Auto Body And Paint, Inc. (Defendant)

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  • 07/30/2021
  • DocketReply to Opposition to Motion for Summary Judgment; Filed by: Anytime Rent A Car, Inc. (Plaintiff)

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  • 07/30/2021
  • DocketObjection Evidentiary Objections to the Declaration of R. Behjatnia; Filed by: Anytime Rent A Car, Inc. (Plaintiff)

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18 More Docket Entries
  • 04/06/2020
  • DocketAnswer; Filed by: Reseda Saticoy Auto Body And Paint, Inc. (Defendant)

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  • 03/10/2020
  • DocketProof of Personal Service; Filed by: Anytime Rent A Car, Inc. (Plaintiff); As to: Reseda Saticoy Auto Body And Paint, Inc. (Defendant); Service Date: 03/05/2020; Service Cost: 76.00; Service Cost Waived: No

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  • 02/20/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/22/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 02/20/2020
  • DocketNon-Jury Trial scheduled for 08/18/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 02/20/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 02/19/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 02/19/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/19/2020
  • DocketCivil Case Cover Sheet; Filed by: Anytime Rent A Car, Inc. (Plaintiff); As to: Reseda Saticoy Auto Body And Paint, Inc. (Defendant)

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  • 02/19/2020
  • DocketSummons on Complaint; Issued and Filed by: Anytime Rent A Car, Inc. (Plaintiff); As to: Reseda Saticoy Auto Body And Paint, Inc. (Defendant)

    Read MoreRead Less
  • 02/19/2020
  • DocketComplaint; Filed by: Anytime Rent A Car, Inc. (Plaintiff); As to: Reseda Saticoy Auto Body And Paint, Inc. (Defendant)

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Tentative Rulings

b'

Case Number: 20STLC01638 Hearing Date: August 5, 2021 Dept: 25

PROCEEDINGS: MOTION\r\nFOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION

\r\n\r\n

\r\n\r\n

MOVING PARTY: Plaintiff/Cross-Defendant\r\nAnytime Rent a Car, Inc.,

\r\n\r\n

RESP. PARTY: Defendant/Cross-Complainant Reseda\r\nSaticoy Auto Body and Paint, Inc.

\r\n\r\n

\r\n\r\n

MOTION FOR SUMMARY JUDGMENT OR,\r\nIN THE ALTERNATIVE, SUMMARY ADJUDICATION

\r\n\r\n

(CCP § 437c)

\r\n\r\n

\r\n\r\n

TENTATIVE RULING:

\r\n\r\n

\r\n\r\n

Plaintiff Anytime Rent a Car, Inc.’s\r\nMotion for Summary Judgment or, in the Alternative, Summary Adjudication, is\r\nPLACED OFF CALENDAR.

\r\n\r\n

\r\n\r\n

The action is RECLASSIFIED as an\r\nunlimited jurisdiction case and is transferred to the reclassification desk for\r\ncollection of fees and reassignment. Plaintiff is ordered to pay the\r\nreclassification fee within ten (10) days of this order.

\r\n\r\n

\r\n\r\n

SERVICE: \r\n

\r\n\r\n

\r\n\r\n

[X] Proof of Service Timely\r\nFiled (CRC 3.1300) OK

\r\n\r\n

[X] Correct Address (CCP 1013,\r\n1013a) OK

\r\n\r\n

[X] 75/80 Day Lapse (CCP 12c\r\nand 1005 (b)) OK

\r\n\r\n

\r\n\r\n

OPPOSITION: Filed on June 30, 2021 [ ] Late [ ] None

\r\n\r\n

REPLY: Filed on July\r\n30, 2021 [ ] Late [ ]\r\nNone

\r\n\r\n

SUR-REPLY: Filed on August 2,\r\n2021 [ ] Late [ ]\r\nNone

\r\n\r\n

\r\n\r\n

ANALYSIS:

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\r\n\r\n

I. \r\nBackground\r\n& Discussion

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\r\n\r\n

On February 19, 2020, Plaintiff Anytime Rent a Car, Inc.\r\n(“Plaintiff”) filed an action against Defendant Reseda Saticoy Auto Body and\r\nPaint, Inc. (“Defendant”). Defendant filed an Answer and a Cross-Complaint\r\nagainst Plaintiff on April 6, 2020. Plaintiff filed an Answer to the\r\nCross-Complaint on May 11, 2020.

\r\n\r\n

\r\n\r\n

On April 29, 2021, Plaintiff filed the instant Motion for\r\nSummary Judgment or, in the Alternative, Summary Adjudication (the “Motion”).\r\nDefendant filed an opposition on June 30 and Plaintiff filed a reply brief on\r\nJuly 30. Defendant filed a sur-reply on August 2.

\r\n\r\n

\r\n\r\n

First, the Court notes that Plaintiff, in part, seeks\r\ndeclaratory relief. (Compl., pp. 1, 7-8.) Pursuant to Code of Civil Procedure\r\nsection 580, subdivision (b)(4), “[d]eclaratory relief, except as authorized by\r\nsection 86,” is not permissible in a limited jurisdiction action. Section 86\r\npermits an action for declaratory relief when it is brought by way of\r\ncross-complaint or when sought to conduct a trial after a nonbinding fee\r\narbitration between an attorney and his client. (Code Civ. Proc., § 86, subd.\r\n(a)(7).) Neither applies here.

\r\n\r\n

\r\n\r\n

Thus, the Court finds this case was incorrectly\r\nclassified as a limited jurisdiction action. Accordingly, the Court RECLASSIFIES\r\nthis action to unlimited jurisdiction on its own motion under Code of Civil\r\nProcedure section 403.040, subdivision (a). Plaintiff is ordered to pay the\r\nreclassification fee within ten (10) days of this order.

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II. \r\nConclusion\r\n& Order

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For the foregoing reasons, Plaintiff\r\nAnytime Rent a Car, Inc.’s Motion for Summary Judgment or, in the Alternative,\r\nSummary Adjudication, is PLACED OFF CALENDAR.

\r\n\r\n

\r\n\r\n

The action is RECLASSIFIED as an\r\nunlimited jurisdiction case and is transferred to the reclassification desk for\r\ncollection of fees and reassignment. Plaintiff is ordered to pay the\r\nreclassification fee within ten (10) days of this order.

\r\n\r\n

\r\n\r\n

Moving party is ordered to give\r\nnotice.

\r\n\r\n

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