This case was last updated from Los Angeles County Superior Courts on 02/21/2021 at 01:05:38 (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 Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6800

  • Filing Date:

    07/24/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

CARROLL BRIAN

Defendant

HENDERSON CHRISTOPHER

Attorney/Law Firm Details

Plaintiff Attorney

FRIEDMAN JEROLD

 

Court Documents

Minute Order - Minute Order (Court Order)

5/12/2020: Minute Order - Minute Order (Court Order)

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)

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

Brief (name extension) - Brief Pleading List

1/11/2021: Brief (name extension) - Brief Pleading List

Trial Brief - Trial Brief

1/11/2021: Trial Brief - Trial Brief

Trial Brief - Trial Brief DECLARATIONS AND EXHIBIT IN SUPPORT THEREOF

1/15/2021: Trial Brief - Trial Brief DECLARATIONS AND EXHIBIT IN SUPPORT THEREOF

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

First Amended Standing Order - First Amended Standing Order

7/24/2019: First Amended Standing Order - First Amended Standing Order

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

7/24/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

10 More Documents Available

 

Docket Entries

  • 07/27/2022
  • Hearing07/27/2022 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 03/08/2021
  • Hearing03/08/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 01/20/2021
  • DocketNon-Jury Trial scheduled for 03/08/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 01/20/2021
  • DocketMinute Order (Non-Jury Trial)

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  • 01/20/2021
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 01/20/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 03/08/2021 08:30 AM

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  • 01/15/2021
  • DocketTrial Brief DECLARATIONS AND EXHIBIT IN SUPPORT THEREOF; Filed by: Brian Carroll (Plaintiff)

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  • 01/11/2021
  • DocketTrial Brief; Filed by: Brian Carroll (Plaintiff)

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  • 01/11/2021
  • DocketWitness List; Filed by: Brian Carroll (Plaintiff)

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  • 01/11/2021
  • DocketExhibit List; Filed by: Brian Carroll (Plaintiff)

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  • 01/11/2021
  • DocketProof of Service by Mail; Filed by: Brian Carroll (Plaintiff); As to: Christopher Henderson (Defendant)

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

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  • 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

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

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  • 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

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

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

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

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

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

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

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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.