This case was last updated from Los Angeles County Superior Courts on 01/28/2021 at 08:25:21 (UTC).

BRYAN GILBERT VS TRISTAN SCHACK

Case Summary

On 10/22/2020 BRYAN GILBERT filed a Personal Injury - Assault/Battery/Defamation lawsuit against TRISTAN SCHACK. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8958

  • Filing Date:

    10/22/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Assault/Battery/Defamation

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

GILBERT BRYAN

Defendant

SCHACK TRISTAN

Attorney/Law Firm Details

Plaintiff Attorney

SHAHROKH KOOROSH K

Defendant Attorney

JOHNS HILLARY

 

Court Documents

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

1/25/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Answer - Answer

1/25/2021: Answer - Answer

Proof of Personal Service - Proof of Personal Service

12/23/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

12/30/2020: Proof of Personal Service - Proof of Personal Service

Summons - Summons on Complaint

11/16/2020: Summons - Summons on Complaint

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

10/23/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

First Amended Standing Order - First Amended Standing Order

10/22/2020: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

10/22/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

10/22/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

10/22/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 10/26/2023
  • Hearing10/26/2023 at 08:30 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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  • 04/21/2022
  • Hearing04/21/2022 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 01/25/2021
  • DocketAnswer; Filed by: TRISTAN SCHACK (Defendant); As to: BRYAN GILBERT (Plaintiff)

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  • 01/25/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: TRISTAN SCHACK (Defendant); As to: BRYAN GILBERT (Plaintiff)

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  • 12/30/2020
  • DocketProof of Personal Service; Filed by: BRYAN GILBERT (Plaintiff); As to: TRISTAN SCHACK (Defendant); Service Date: 12/14/2020; Service Cost: 95.00; Service Cost Waived: No

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  • 12/23/2020
  • DocketProof of Personal Service; Filed by: BRYAN GILBERT (Plaintiff); As to: TRISTAN SCHACK (Defendant); Service Date: 12/14/2020; Service Cost: 95.00; Service Cost Waived: No

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  • 11/16/2020
  • DocketSummons on Complaint; Issued and Filed by: BRYAN GILBERT (Plaintiff); As to: TRISTAN SCHACK (Defendant)

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  • 10/23/2020
  • DocketUpdated -- Order on Court Fee Waiver (Superior Court): Status Date changed from 10/23/2020 to 10/23/2020; Status changed from TP to Filed

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  • 10/23/2020
  • DocketOrder on Court Fee Waiver (Superior Court); TP by:

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  • 10/23/2020
  • DocketUpdated -- Request to Waive Court Fees: Filed By: BRYAN GILBERT (Plaintiff); Result: Denied; Result Date: 10/23/2020

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  • 10/22/2020
  • DocketComplaint; Filed by: KOOROSH K SHAHROKH (Attorney); BRYAN GILBERT (Plaintiff); As to: TRISTAN SCHACK (Defendant)

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  • 10/22/2020
  • DocketCivil Case Cover Sheet; Filed by: KOOROSH K SHAHROKH (Attorney); BRYAN GILBERT (Plaintiff); As to: TRISTAN SCHACK (Defendant)

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  • 10/22/2020
  • DocketRequest to Waive Court Fees; Filed by: BRYAN GILBERT (Plaintiff)

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  • 10/22/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/22/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 10/22/2020
  • DocketNon-Jury Trial scheduled for 04/21/2022 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 10/22/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/26/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 10/22/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

b'

Case Number: 20STLC08958 Hearing Date: August 10, 2021 Dept: 26

Gilbert v. Schack, et\r\nal. 20STLC08958

DEMURRER\r\nAND MOTION TO STRIKE

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(CCP §§ 430.31,\r\net seq., 435, et seq.)

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TENTATIVE RULING:

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Based on the parties’ stipulation and the relief sought in the\r\nFirst Amended Cross-Complaint, this case is reclassified as an unlimited civil\r\ncase and transferred to the Reclassification/Transfer Desk for reassignment of\r\nthe case to an Independent Calendar Court. The reclassification fee having\r\npreviously been paid on January 28, 2021, no additional fees are required.

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All hearing dates in this Department, including Cross-Defendant\r\nByran Gilbert’s Demurrer to, and Motion to Strike, the First Amended Cross-Complaint,\r\nare vacated and to be rescheduled in the new department.

ANALYSIS:

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Brian Gilbert filed the instant Complaint for defamation\r\nagainst Tristan Schack on October 22, 2020. On January 25, 2021, Schack\r\n(“Cross-Complainant”) filed a Cross-Complaint against Gilbert\r\n(“Cross-Defendant”). Cross-Complainant then filed the First Amended\r\nCross-Complaint on January 28, 2021. On March 11, 2021, Cross-Defendant filed the instant Demurrer to, and Motion to\r\nStrike Portions of, the First Amended Cross-Complaint. Cross-Complainant filed\r\noppositions on April 23, 2021 and Cross-Defendant replied on April 28, 2021.

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The Demurrer and\r\nMotion to Strike initially came for hearing on May 8, 2021. At that time, the\r\nCourt continued the hearing to allow the parties to meet and confer and to file\r\na joint declaration regarding that effort and whether the action should be\r\nreclassified as an unlimited case. (Minute Order, 05/08/21.) On June 15, 2021,\r\nthe parties filed a joint declaration demonstrating that they met and conferred\r\nand stipulating to reclassification. (Joint Decl., filed 06/15/21.)

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Both the Cross-Complaint and First-Amended Cross-Complaint\r\nseek damages in excess of the jurisdictional limit of the Court.\r\nCross-Complainant also paid the reclassification fee on January 28, 2021. Now,\r\nthe parties have stipulated to reclassification. (Joint Decl., filed 06/15/21,\r\n¶¶5-6.) In light of these allegations, the parties’ stipulation and payment of\r\nthe reclassification fee, this case is reclassified as an unlimited\r\ncivil case and transferred to the Reclassification/Transfer Desk for\r\nreassignment of the case to an Independent Calendar Court. (See Code Civ.\r\nProc., §§ 403.030, 403.040, 403.050.)

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All hearing dates in this Department, including Cross-Defendant\r\nByran Gilbert’s Demurrer to, and Motion to Strike, the First Amended\r\nCross-Complaint, are vacated and to be rescheduled in the new department.

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Moving party to give notice.

'b"

Case Number: 20STLC08958 Hearing Date: July 8, 2021 Dept: 26

Due to Court's unavailability, Hearing on Demurrer - with Motion to Strike (CCP 430.10) is continued to 08/10/2021 at 10:30 a.m."

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