This case was last updated from Los Angeles County Superior Courts on 06/08/2021 at 09:39:35 (UTC).

BRIAN CARROLL VS CHRISTOPHER HENDERSON

Case Summary

On 07/24/2019 BRIAN CARROLL filed a Contract - Other Contract lawsuit against CHRISTOPHER HENDERSON. 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 HOLLY E. KENDIG. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6800

  • Filing Date:

    07/24/2019

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judges

WENDY CHANG

HOLLY E. KENDIG

 

Party Details

Plaintiff

CARROLL BRIAN

Defendant

HENDERSON CHRISTOPHER

Attorney/Law Firm Details

Plaintiff Attorney

FRIEDMAN JEROLD

 

Court Documents

Judgment - Judgment Proposed Judgment After Trial

4/30/2021: Judgment - Judgment Proposed Judgment After Trial

Certificate of Mailing for - Certificate of Mailing for (Ruling on Submitted Matter - Non Jury Trial) of 03/10/2021

3/10/2021: Certificate of Mailing for - Certificate of Mailing for (Ruling on Submitted Matter - Non Jury Trial) of 03/10/2021

Exhibit List - Exhibit List

2/25/2021: Exhibit List - Exhibit List

Witness List - Witness List

2/25/2021: Witness List - Witness List

Trial Brief - Trial Brief

2/25/2021: Trial Brief - Trial Brief

Minute Order - Minute Order (Non-Jury Trial;)

3/8/2021: Minute Order - Minute Order (Non-Jury Trial;)

Limited Jurisdiction Trial Transfer Order - Limited Jurisdiction Trial Transfer Order to Judge Kendig, Dept. 3, Spring Street Court, OTR forthwith

3/8/2021: Limited Jurisdiction Trial Transfer Order - Limited Jurisdiction Trial Transfer Order to Judge Kendig, Dept. 3, Spring Street Court, OTR forthwith

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 05/12/2020

5/12/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 05/12/2020

Motion to Strike (not initial pleading) - Motion to Strike (not initial pleading)

5/12/2020: Motion to Strike (not initial pleading) - Motion to Strike (not initial pleading)

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

5/12/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Minute Order - Minute Order (Hearing on Motion to Strike Defendant's Answer)

9/10/2020: Minute Order - Minute Order (Hearing on Motion to Strike Defendant's Answer)

Proof of Service by Mail - Proof of Service by Mail

1/11/2021: Proof of Service by Mail - Proof of Service by Mail

Exhibit List - Exhibit List

1/11/2021: Exhibit List - Exhibit List

Minute Order - Minute Order (Non-Jury Trial)

1/20/2021: Minute Order - Minute Order (Non-Jury Trial)

Answer - Answer

8/22/2019: Answer - Answer

Complaint - Complaint

7/24/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

7/24/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

7/24/2019: Summons - Summons on Complaint

26 More Documents Available

 

Docket Entries

  • 06/07/2021
  • DocketOn the Complaint filed by Brian Carroll on 07/24/2019, entered Request for Dismissal with prejudice filed by Brian Carroll as to the entire action

    Read MoreRead Less
  • 06/07/2021
  • DocketStatus Conference Re: Bankruptcy scheduled for 06/08/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 06/07/2021

    Read MoreRead Less
  • 06/07/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/27/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 06/07/2021

    Read MoreRead Less
  • 06/07/2021
  • DocketThe case is removed from the special status of: Stay - Bankruptcy

    Read MoreRead Less
  • 04/30/2021
  • DocketJudgment Proposed Judgment After Trial; Filed by: Brian Carroll (Plaintiff); As to: Christopher Henderson (Defendant)

    Read MoreRead Less
  • 04/13/2021
  • DocketCase reassigned to Spring Street Courthouse in Department 26 - Hon. Upinder S. Kalra; Reason: Other

    Read MoreRead Less
  • 04/13/2021
  • DocketStatus Conference Re: Bankruptcy scheduled for 06/08/2021 at 09:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 04/13/2021
  • DocketMinute Order (Court Order Reassigning Case to Department 26)

    Read MoreRead Less
  • 04/13/2021
  • DocketCertificate of Mailing for (Court Order Reassigning Case to Department 26) of 04/13/2021; Filed by: Clerk

    Read MoreRead Less
  • 04/13/2021
  • DocketMinute Order (Court Order)

    Read MoreRead Less
37 More Docket Entries
  • 08/22/2019
  • DocketAnswer; Filed by: Christopher Henderson (Defendant); As to: Brian Carroll (Plaintiff)

    Read MoreRead Less
  • 08/02/2019
  • DocketProof of Personal Service; Filed by: Brian Carroll (Plaintiff); As to: Christopher Henderson (Defendant); Service Date: 07/31/2019; Service Cost: 65.00; Service Cost Waived: No

    Read MoreRead Less
  • 07/25/2019
  • DocketNon-Jury Trial scheduled for 01/20/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 07/25/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/27/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 07/25/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 07/24/2019
  • DocketComplaint; Filed by: Brian Carroll (Plaintiff); As to: Christopher Henderson (Defendant)

    Read MoreRead Less
  • 07/24/2019
  • DocketCivil Case Cover Sheet; Filed by: Brian Carroll (Plaintiff); As to: Christopher Henderson (Defendant)

    Read MoreRead Less
  • 07/24/2019
  • DocketSummons on Complaint; Issued and Filed by: Brian Carroll (Plaintiff); As to: Christopher Henderson (Defendant)

    Read MoreRead Less
  • 07/24/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 07/24/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less

Tentative Rulings

Case Number: 19STLC06800    Hearing Date: September 10, 2020    Dept: 26

MOTION TO STRIKE

(CCP §§ 435, et seq., 128.7(a))

TENTATIVE RULING:

Plaintiff Brian Carroll’s Motion to Strike Answer is GRANTED WITH LEAVE TO AMEND. DEFENDANT CHRISTOPHER HENDERSON IS TO FILE A SIGNED ANSWER WITHIN 20 DAYS’ SERVICE OF NOTICE OF THIS ORDER.

ANALYSIS:

Plaintiff Brian Carroll (“Plaintiff”) filed the instant action for breach of loan agreement against Defendant Christopher Henderson (“Defendant”) on July 24, 2019. Defendant filed an Answer on August 22, 2019. On May 12, 2020, Plaintiff filed the instant Motion to Strike Answer. To date, no opposition has been filed.

Discussion

The Motion to Strike the Complaint is brought pursuant to Code of Civil Procedure section 128.7, subdivision (a), which requires that:

Every pleading, petition, written notice of motion, or other similar paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party. Each paper shall state the signer's address and telephone number, if any. Except when otherwise provided by law, pleadings need not be verified or accompanied by affidavit. An unsigned paper shall be stricken unless omission of the signature is corrected promptly after being called to the attention of the attorney or party.

(Code Civ. Proc., § 128.7, subd. (a) (emphasis added).) The Answer filed on August 22, 2019 is unsigned. (Answer, filed 8/22/19, p. 2.) No correction has been made despite this defect being called to Defendant’s attention in November 2019. (Motion, Friedman Decl., ¶¶5-6 and Exh. A.) Therefore, the Answer must be stricken.

Conclusion

Plaintiff Brian Carroll’s Motion to Strike Answer is GRANTED WITH LEAVE TO AMEND. DEFENDANT CHRISTOPHER HENDERSON IS TO FILE A SIGNED ANSWER WITHIN 20 DAYS’ SERVICE OF NOTICE OF THIS ORDER.

Moving party to give notice.