On 10/18/2019 BENJAMIN NATKIN filed an Infraction - Parking lawsuit against CITY OF CULVER CITY. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is EDWARD B. MORETON. The case status is Pending - Appeal.
*******9719
10/18/2019
Pending - Appeal
Spring Street Courthouse
Los Angeles, California
EDWARD B. MORETON
NATKIN BENJAMIN
CITY OF CULVER CITY
6/25/2020: Objection (name extension) - Objection Respondent City of Culver City's Objection and Opposition to Appellant's Motion for New Trial, or in the Alternative, to Set Aside and Vacate the Judgment
7/6/2020: Reply (name extension) - Reply to Respondent City of Culver City's Objection and Opposition to Appellant's Motion for New Trial, or in the Alternative, to Set Aside and Vacate the Judgment
7/9/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for New Trial) of 07/09/2020
4/17/2020: Notice (name extension) - Notice of Errata to Appellant Benjamin Natkin's Notice of Appeal
4/14/2020: Appeal - Notice of Default Issued - Appeal - Notice of Default Issued
4/7/2020: Proof of Service by Mail - Proof of Service by Mail
3/11/2020: Minute Order - Minute Order (Hearing on Ex Parte Application for Order Setting Hearing on ...)
3/20/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
3/9/2020: Minute Order - Minute Order (Court Order)
3/11/2020: Ex Parte Application (name extension) - Ex Parte Application for Order Setting Hearing on Appellant's Motion for New Trial,
3/4/2020: Ex Parte Application (name extension) - Ex Parte Application for Order Directing Clerk to File Nunc Pro Tunc Appellant Benjamin Natkin's Motion for a New Trial, or, in the Alternative, to Set Aside an
3/5/2020: Minute Order - Minute Order (Hearing on Ex Parte Application for Order Directing Clerk to ...)
2/21/2020: Notice of Motion - Notice of Motion
2/26/2020: Minute Order - Minute Order (Hearing on Motion for New Trial)
12/9/2019: Proof of Service by Mail - Proof of Service by Mail
10/18/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
10/18/2019: Notice of Appeal - Parking - Notice of Appeal - Parking
10/22/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
DocketMinute Order (Hearing on Motion for New Trial)
DocketCertificate of Mailing for (Hearing on Motion for New Trial) of 07/09/2020; Filed by: Clerk
DocketHearing on Motion for New Trial scheduled for 07/09/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 07/09/2020; Result Type to Held
DocketReply to Respondent City of Culver City's Objection and Opposition to Appellant's Motion for New Trial, or in the Alternative, to Set Aside and Vacate the Judgment; Filed by: Benjamin Natkin (Appellant)
DocketObjection Respondent City of Culver City's Objection and Opposition to Appellant's Motion for New Trial, or in the Alternative, to Set Aside and Vacate the Judgment; Filed by: City of Culver City (Respondent)
DocketUpdated -- Appeal - Ntc Designating Record of Appeal APP-003/010/103: As To Parties: removed
DocketNotice of Errata to Appellant Benjamin Natkin's Notice of Appeal; Filed by: Benjamin Natkin (Appellant); As to: City of Culver City (Respondent)
DocketAppeal - Ntc Designating Record of Appeal APP-003/010/103; Filed by: Benjamin Natkin (Appellant)
DocketAppeal - Notice of Filing of Notice of Appeal; Filed by: Clerk
DocketAppeal - Notice of Default Issued; Filed by: Clerk
DocketHearing on Parking Appeal scheduled for 12/30/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 44 updated: Result Date to 12/30/2019; Result Type to Held
DocketCertificate of Mailing for [Minute Order (Hearing on Parking Appeal)]; Filed by: Clerk
DocketProof of Service by Mail; Filed by: Benjamin Natkin (Appellant); As to: City of Culver City (Respondent)
DocketRequest for Administrative File; Filed by: Clerk
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Benjamin Natkin (Appellant)
DocketHearing on Parking Appeal scheduled for 12/30/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 44
DocketCase assigned to Hon. Edward B. Moreton in Department 44 Stanley Mosk Courthouse
DocketRequest to Waive Court Fees; Filed by: Benjamin Natkin (Appellant)
DocketNotice of Appeal - Parking - Citation Number: 42032568; Filed by: Benjamin Natkin (Appellant); As to: City of Culver City (Respondent)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
Case Number: 19STLC09719 Hearing Date: July 09, 2020 Dept: 26
Natkin v. City of Culver City
MOTION FOR NEW TRIAL
(CCP § 657)
TENTATIVE RULING:
Appellant Benjamin Natkin’s Motion for New Trial, or in the alternative, to Set Aside and Vacate the Judgment is PLACED OFF CALENDAR.
ANALYSIS:
On October 18, 2019, Appellant Benjamin Natkin (“Appellant”) filed a Notice of Appeal – Parking (the “Parking Appeal”) regarding citation number 42032568. On December 30, 2019, this Court affirmed citation number 42032568. (Minute Order, filed 12/30/19.)
On January 14, 2020, Appellant filed a Motion of Intent to Move for New Trial. On February 21, 2020, Appellant filed the instant Motion for New Trial, or in the alternative, to Set Aside and Vacate the Judgment.
Thereafter, on April 7, 2020, Appellant filed a Notice of Appeal from the judgment in this action. A Notice of Errata to the Notice of Appeal was filed on April 17, 2020. Respondent filed an objection on June 25, 2020.
Discussion
The timeliness of Appellant’s request is not at issue. Following the Court’s de novo review and affirmation of the parking citation, this matter has been finally determined and is not subject to further review. As set forth in Lagos v. City of Oakland (1995) 41 Cal.App.4th Supp. 10, 12: “We conclude that the Legislature intended this ‘de novo’ review of the administrative decision to be the extent of the process due a parking violation contestant.” A similar determination was reached in Smith v. City of Los Angeles Department of Transportation (1997) 59 Cal.App.4th Supp. 7, 10: “In view of . . . the clear legislative intent that the courts have limited involvement in the determination of liability for parking violations, we conclude that the procedure for review set forth in section 40200 et seq. is the only procedure available to contest a parking citation.”
Therefore, the hearing on Appellant’s Motion for New Trial, or in the alternative, to Set Aside and Vacate the Judgment is PLACED OFF CALENDAR.
Clerk to give notice.