This case was last updated from Los Angeles County Superior Courts on 07/04/2021 at 06:23:01 (UTC).

BARRY E. COHEN A PROFESSIONAL CORPORATION, ET AL. VS JAIME FARIAS

Case Summary

On 07/25/2019 BARRY E COHEN A PROFESSIONAL CORPORATION filed an Other lawsuit against JAIME FARIAS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judges overseeing this case are WENDY CHANG and MARK A. BORENSTEIN. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3261

  • Filing Date:

    07/25/2019

  • Case Status:

    Other

  • Case Type:

    Other

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judges

WENDY CHANG

MARK A. BORENSTEIN

 

Party Details

Petitioners

COHEN BARRY E.

BARRY E. COHEN A PROFESSIONAL CORPORATION

Respondent

FARIAS JAIME

Attorney/Law Firm Details

Petitioner Attorney

COHEN BARRY EDWARD

 

Court Documents

Declaration (name extension) - Declaration Delaration

6/24/2021: Declaration (name extension) - Declaration Delaration

Notice of Entry of Judgment / Dismissal / Other Order - Notice of Entry of Judgment / Dismissal / Other Order

7/1/2021: Notice of Entry of Judgment / Dismissal / Other Order - Notice of Entry of Judgment / Dismissal / Other Order

Judgment - Judgment

7/1/2021: Judgment - Judgment

Limited Jurisdiction Trial Transfer Order - Limited Jurisdiction Trial Transfer Order as to Judge Borenstein; Dept. 2, Spring Street; OTR forthwith

5/18/2021: Limited Jurisdiction Trial Transfer Order - Limited Jurisdiction Trial Transfer Order as to Judge Borenstein; Dept. 2, Spring Street; OTR forthwith

Notice (name extension) - Notice Continuance

4/1/2021: Notice (name extension) - Notice Continuance

Notice (name extension) - Notice Cont of Trial

4/1/2021: Notice (name extension) - Notice Cont of Trial

Exhibit List - Exhibit List

5/7/2021: Exhibit List - Exhibit List

Trial Brief - Trial Brief

5/17/2021: Trial Brief - Trial Brief

Minute Order - Minute Order (Non-Jury Trial)

5/18/2021: Minute Order - Minute Order (Non-Jury Trial)

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial;) of 02/25/2021

2/25/2021: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial;) of 02/25/2021

Answer - Answer

2/4/2020: Answer - Answer

Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition For Trial De Novo and/or Correction of Fe...) of 12/05/2019

12/5/2019: Certificate of Mailing for - Certificate of Mailing for (Hearing on Petition For Trial De Novo and/or Correction of Fe...) of 12/05/2019

Minute Order - Minute Order (Hearing on Petition For Trial De Novo and/or Correction of Fe...)

12/5/2019: Minute Order - Minute Order (Hearing on Petition For Trial De Novo and/or Correction of Fe...)

Petition (name extension) - Petition For Trial De Novo and/or Correction of Fee Arbitration Award

7/25/2019: Petition (name extension) - Petition For Trial De Novo and/or Correction of Fee Arbitration Award

Summons - Summons on Petition

8/1/2019: Summons - Summons on Petition

First Amended Standing Order - First Amended Standing Order

8/1/2019: First Amended Standing Order - First Amended Standing Order

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

8/1/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

15 More Documents Available

 

Docket Entries

  • 07/01/2021
  • DocketJudgment; Signed and Filed by: Barry E. Cohen a Professional Corporation (Petitioner); As to: Jaime Farias (Respondent)

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  • 07/01/2021
  • DocketCourt orders judgment entered for Petitioner Barry E. Cohen a Professional Corporation and Petitioner Barry E. Cohen against Respondent Jaime Farias on the Petition filed by Barry E. Cohen a Professional Corporation, et al. on 08/01/2019 for a total of $0.00. Cost to be determined per filing of Memorandum of Costs.

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  • 07/01/2021
  • DocketNotice of Entry of Judgment / Dismissal / Other Order; Filed by: Clerk

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  • 06/24/2021
  • DocketDeclaration Delaration; Filed by: Barry E. Cohen a Professional Corporation (Petitioner)

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  • 05/18/2021
  • DocketThis case is assigned to Judge Mark A. Borenstein in Department 2 at Spring Street Courthouse for trial purposes only.

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  • 05/18/2021
  • DocketNon-Jury Trial scheduled for 05/18/2021 at 10:00 AM in Spring Street Courthouse at Department 2

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  • 05/18/2021
  • DocketElection to Forgo Affidavit (CCP Section 170.6) as to Judge Mark Borenstein; Filed by: Clerk

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  • 05/18/2021
  • DocketUpdated -- Election to Forgo Affidavit (CCP 170.6) as to Judge Mark Borenstein: Exact Name changed from Election to Forgo Affidavit (CCP Section 170.6) as to Judge Mark Borenstein to Election to Forgo Affidavit (CCP 170.6) as to Judge Mark Borenstein; As To Parties: removed

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  • 05/18/2021
  • DocketLimited Jurisdiction Trial Transfer Order as to Judge Borenstein; Dept. 2, Spring Street; OTR forthwith; Signed and Filed by: Clerk

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  • 05/18/2021
  • DocketMinute Order (Non-Jury Trial; Order to Show Cause Re: Sanctions and Dismiss...)

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26 More Docket Entries
  • 08/01/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/01/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 08/01/2019
  • DocketHearing on Petition For Trial De Novo and/or Correction of Fee Arbitration Award scheduled for 12/05/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/01/2019
  • DocketSummons on Petition; Filed by:

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  • 08/01/2019
  • DocketRequest for exemption from mandatory electronic filing and service; Filed by: Barry E. Cohen a Professional Corporation (Petitioner); Barry E. Cohen (Petitioner); Charge Fee ?: NO

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  • 08/01/2019
  • DocketPetition For Trial De Novo and/or Correction of Fee Arbitration Award; Filed by: Barry E. Cohen a Professional Corporation (Petitioner); Barry E. Cohen (Petitioner)

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  • 08/01/2019
  • DocketCivil Case Cover Sheet; Filed by: Barry E. Cohen a Professional Corporation (Petitioner); Barry E. Cohen (Petitioner)

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  • 08/01/2019
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 07/25/2019
  • DocketUpdated -- Petition For Trial De Novo and/or Correction of Fee Arbitration Award: Status Date changed from 08/01/2019 to 07/25/2019

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  • 07/25/2019
  • DocketUpdated -- Civil Case Cover Sheet: Status Date changed from 08/01/2019 to 07/25/2019

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Tentative Rulings

Case Number: 19STCP03261    Hearing Date: December 05, 2019    Dept: 94

PETITION FOR TRIAL DE NOVO

(Cal. Bus. & Profs. Code § 6204)

TENTATIVE RULING:

Hearing on Petition of Petitioners Barry E. Cohen, APC and Barry E. Cohen for Trial De Novo is PLACED OFF CALENDAR. TRIAL IS SET FOR FEBRUARY 25, 2021 AT 10:30 AM IN DEPARTMENT 94.

REQUEST FOR RELIEF: Hold new trial on parties’ attorney-client fee dispute, or correct arbitration award to reflect a prior refund to client.

ANALYSIS:

On July 25, 2019, Petitioners Barry E. Cohen, APC and Barry E. Cohen (“Petitioners”) filed the instant Petition for Trial De Novo and/or Correction of Fee Arbitration Award. The Court scheduled the hearing on Petition for December 5, 2019 and ordered Petitioners to give notice to Respondent Jamie Farias (“Respondent”). To date, no proof of service of the Petition or Notice of Hearing has been filed with the Court.

Also, although the Petition does not cite to any legal basis, judicial arbitration of attorney-client disputes is governed by Cal. Business & Professions Code section 6201, et seq. Cal. Business and Professions Code section 6204, states in relevant part:

  1. The parties may agree in writing to be bound by the award of arbitrators appointed pursuant to this article at any time after the dispute over fees, costs, or both, has arisen. In the absence of such an agreement, either party shall be entitled to a trial after arbitration if sought within 30 days . . . .

    . . .

  2. If no action is pending, the trial after arbitration shall be initiated by the commencement of an action in the court having jurisdiction over the amount of money in controversy within 30 days after service of notice of the award. After the filing of such an action, the action shall proceed in accordance with the provisions of Part 2 (commencing with Section 307) of the Code of Civil Procedure, concerning civil actions generally.

(Cal. Bus. & Profs. Code, § 6204.) Petitions to correct arbitration awards, on the other hand, are governed by Code of Civil Procedure section 1280, et seq. Under Code of Civil Procedure section 1290.2, “A petition under this title shall be heard in a summary way in the manner and upon the notice provided by law for the making and hearing of motions, except that not less than 10 days' notice of the date set for the hearing on the petition shall be given.” (Code Civ. Proc., § 1290.2.) By conflating the two types of proceedings, the Court finds it is not possible to hear the Petition “in a summary way.”

Therefore, the hearing on the Petition is PLACED OFF CALENDAR. TRAIL IS SCHEDULED FOR FEBRUARY 25, 2021 AT 10:30 AM IN DEPARTMENT 94.

Court clerk to give notice.

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