This case was last updated from Los Angeles County Superior Courts on 01/21/2021 at 03:19:55 (UTC).

CALIMA ELECTRIC, INC. VS DAVID BRIAN SANDERS INTERIOR DESIGN, INC.

Case Summary

On 03/21/2019 CALIMA ELECTRIC, INC filed a Contract - Other Contract lawsuit against DAVID BRIAN SANDERS INTERIOR DESIGN, INC. 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:

    *******2809

  • Filing Date:

    03/21/2019

  • 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

CALIMA ELECTRIC INC.

Defendant

DAVID BRIAN SANDERS INTERIOR DESIGN INC.

Attorney/Law Firm Details

Plaintiff Attorney

JACOBS JEFFREY G

Defendant Attorney

DECLERCQ WILLIAM

 

Court Documents

Minute Order - Minute Order (Hearing on Defendant David Brian Sanders Interior Design, Inc...)

1/19/2021: Minute Order - Minute Order (Hearing on Defendant David Brian Sanders Interior Design, Inc...)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Defendant David Brian Sanders Interior Design, Inc...) of 01/19/2021

1/19/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Defendant David Brian Sanders Interior Design, Inc...) of 01/19/2021

Notice (name extension) - Notice TO COURT OF RELATED BANKRUPTCY CASE TERMINATION; NOTICE OF HEARING; and NOTICE OF UPDATED ADDRESS OF COUNSEL

1/8/2021: Notice (name extension) - Notice TO COURT OF RELATED BANKRUPTCY CASE TERMINATION; NOTICE OF HEARING; and NOTICE OF UPDATED ADDRESS OF COUNSEL

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

12/23/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

12/23/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice of Ruling - Notice of Ruling

10/19/2020: Notice of Ruling - Notice of Ruling

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

6/19/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

1/21/2020: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil - Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

1/21/2020: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

Minute Order - Minute Order (Order to Show Cause Re: Why Cases Should Not Be Related)

1/24/2020: Minute Order - Minute Order (Order to Show Cause Re: Why Cases Should Not Be Related)

Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

12/9/2019: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Demurrer - with Motion to Strike (CCP 430.10) - Demurrer - with Motion to Strike (CCP 430.10)

10/7/2019: Demurrer - with Motion to Strike (CCP 430.10) - Demurrer - with Motion to Strike (CCP 430.10)

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

10/11/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Notice of Related Case - Notice of Related Case

8/13/2019: Notice of Related Case - Notice of Related Case

Complaint - Complaint

3/21/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

3/21/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

3/21/2019: First Amended Standing Order - First Amended Standing Order

19 More Documents Available

 

Docket Entries

  • 05/13/2021
  • Hearing05/13/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 03/09/2021
  • Hearing03/09/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to be Relieved as Counsel

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  • 01/19/2021
  • DocketNotice of Ruling; Filed by: David Brian Sanders Interior Design, Inc. (Defendant)

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  • 01/19/2021
  • DocketMinute Order (Hearing on Defendant David Brian Sanders Interior Design, Inc...)

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  • 01/19/2021
  • DocketCertificate of Mailing for (Hearing on Defendant David Brian Sanders Interior Design, Inc...) of 01/19/2021; Filed by: Clerk

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  • 01/19/2021
  • DocketUpdated -- William Declercq (Attorney): Organization Name changed from DeClercq Law Group, Inc. to Taylor English Duma LLP

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  • 01/19/2021
  • DocketAddress for William Declercq (Attorney) updated

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  • 01/19/2021
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 01/19/2021 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 01/19/2021; Result Type to Held

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  • 01/19/2021
  • DocketOn the Court's own motion, Hearing on Motion to be Relieved as Counsel scheduled for 01/19/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Held - Continued was rescheduled to 03/09/2021 10:00 AM

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  • 01/12/2021
  • DocketMinute Order (Status Conference re Bankruptcy)

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43 More Docket Entries
  • 07/02/2019
  • DocketDemurrer - without Motion to Strike; Filed by: David Brian Sanders Interior Design, Inc. (Defendant)

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  • 03/22/2019
  • DocketNon-Jury Trial scheduled for 09/17/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/22/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/24/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 03/22/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 03/21/2019
  • DocketComplaint; Filed by: Calima Electric, Inc. (Plaintiff); As to: David Brian Sanders Interior Design, Inc. (Defendant)

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  • 03/21/2019
  • DocketSummons on Complaint; Issued and Filed by: Calima Electric, Inc. (Plaintiff); As to: David Brian Sanders Interior Design, Inc. (Defendant)

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  • 03/21/2019
  • DocketCivil Case Cover Sheet; Filed by: Calima Electric, Inc. (Plaintiff); As to: David Brian Sanders Interior Design, Inc. (Defendant)

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  • 03/21/2019
  • DocketCivil Case Cover Sheet; Filed by: Calima Electric, Inc. (Plaintiff); As to: David Brian Sanders Interior Design, Inc. (Defendant)

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  • 03/21/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 03/21/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC02809    Hearing Date: January 19, 2021    Dept: 26

Calima Electric, Inc. v. David Brian Sanders Interior Design, Inc., et al.

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC Rule 3.1362)

TENTATIVE RULING

William Declercq, Esq. of DeClercq Law Group, Inc.’s Motion to Withdraw as Counsel for Defendant David Brian Sanders Interior Design, Inc. is CONTINUED TO MARCH 9, 2021 AT  10 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. PROOF OF SERVICE OF PAPERS ON ALL PARTIES MUST BE FILED AT LEAST 16 COURT DAY PRIOR TO NEW HEARING DATE.

Court clerk to give notice.

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Defendant David Brian Sanders Interior Design, Inc.’s Demurrer to the Complaint is SUSTAINED AS TO ALL CAUSES OF ACTION FOR FAILURE TO STATE SUFFICIENT FACTS WITH 20 DAYS’ LEAVE TO AMEND. 

ANALYSIS:

On March 21, 2019, Plaintiff Calima Electric, Inc. (“Plaintiff”) filed the instant action breach of contract, common counts and quantum meruit against Defendant David Brian Sanders Interior Design, Inc. (“Defendant”). On August 13, 2019, Defendant filed a Notice of Related Case with respect to four other cases: D & R Glass, Inc. v. KWC Construction Services, Inc., et al., LASC Case SC129732; KWC Construction, Inc. v. David Brian Sanders Interior Design, et al., LASC Case No. 19STCV09857; Pacific Rim Contractors, Inc. v. David Brian Sanders Interior Design, et al., LASC Case No. 19SMCV00775; Century City Mall, LLC v. Hello Darling Century City, LLC, et al., LASC Case No. 19SMVC00466; and David Brian Sanders Interior Design v. Hello Darling Century City, LLC, et al., LASC Case No. 19STCP01832. To date, none of the cases have been related.

On October 7, 2019, Defendant filed the instant Demurrer to the Complaint. The demurrer was never heard due to multiple continuances and a potentially related bankruptcy filing. At the Order to Show Cause on January 12, 2021, Defendant demonstrated that the bankruptcy proceeding is now closed. To date, no opposition to the Demurrer has been filed.

Discussion

The Court finds that the Demurrer is not accompanied by a meet and confer declaration as required by Code of Civil Procedure section 430.41. In fact, the Demurrer is not supported by any attorney declaration. Demurring party is admonished for failing to comply with the meet and confer requirements and warned that subsequent failures to comply will not be permitted.

In demurring to the Complaint, Defendant contends that there is another action pending between the same parties on the same cause of action; there is a defect or misjoinder of parties; the pleading does not state facts sufficient to constitute a cause of action; and the pleading is uncertain. (Citing Code Civ. Proc., § 430.10, subds. (c)-(f).)

As an initial matter, the Court will not rule on the demurrers brought on the grounds of another pending action, misjoinder or defect of parties and uncertainty. These are special demurrers, which are not permitted in a court of limited jurisdiction. (Code Civ. Proc., § 92, subd. (c); California Union Ins. Co. v. Trinity River Land Co. (1980) 105 Cal.App.3d 104, 108; Bacon v. Wahrhaftig (1950) 97 Cal.App.2d 599, 605; Brousseau v. Jarrett (1977) 73 Cal.App.3d 864, 870.)

1st Cause of Action for Breach of Contract

A cause of action for breach of contract must plead the contract, plaintiff’s performance or excuse for non-performance, defendant’s breach, and damage to plaintiff therefrom. (Acoustics, Inc. v. Trepte Constr. Co. (1971) 14 Cal.App.3d 887, 913.) A written contract can be pleaded by alleging its making and attaching a copy to the complaint or by alleging the making and the substance of the relevant terms. (Construction Protective Services, Inc. v. TIG Specialty Ins. Co. (2002) 29 Cal.4th 189, 198-199.)

The Complaint alleges the existence of a written contract between the parties that is purportedly attached as an exhibit. The only documents attached, however, refer to the parties’ contract without attaching the same. (Compl., Exh. A.) It is not possible to determine the specific contract terms, including the parties obligated thereunder, without the relevant contract documents. The demurrer to the first cause of action is sustained with 20 days’ leave to amend.

2nd Cause of Action for Common Counts (Open Book Account, Account Stated and Good and Services Rendered)

A claim for open book account must allege the following elements: (1) detailed statement which constitutes the principal record of one or more transactions between a debtor and a creditor arising out of a contract or some fiduciary relation; (2) shows the debits and credits in connection therewith, and against whom and in favor of whom entries are made; (3) entered in the regular course of business as conducted by such creditor or fiduciary; (4) kept in a reasonably permanent form and manner; and (5) kept in a reasonably permanent form and manner. (Code Civ. Proc., § 337a.) To the extent this cause of action is based on a contractual relationship that has not been sufficiently alleged, it is also subject to demurrer. (McBride v. Boughton (2004) 123 Cal.App.4th 379, 394.) Additionally, no facts are alleged in support of the elements for this cause of action. (Compl., ¶CC-1(a)(1).)

“An account stated is an agreement, based on the prior transactions between the parties, that the items of the account are true and that the balance struck is due and owing from one party to another. When the account is assented to, ‘“it becomes a new contract. An action on it is not founded upon the original items, but upon the balance agreed to by the parties. …” (Gleason v. Klamer (1980) 103 Cal.App.3d 782, 786-787.) Again, because the demurrer to the cause of action for breach of contract is sustained, the claim for account stated is also insufficiently stated. (McBride v. Boughton (2004) 123 Cal.App.4th 379, 394.) Nor are there any factual allegations to support this common count. (Compl., ¶CC-1(a)(2).)

Finally, the claim for goods and services rendered is defective for the same reasons: the cause of action for breach of contract that underpins the allegations is insufficiently pled and there are no facts asserted demonstrating the necessary elements. (Id. at ¶CC-1(b)(2).) Therefore, the demurrer to the second cause of action for Common Counts is also sustained with 20 days’ leave to amend.

Conclusion

Defendant David Brian Sanders Interior Design, Inc.’s Demurrer to the Complaint is SUSTAINED AS TO ALL CAUSES OF ACTION FOR FAILURE TO STATE SUFFICIENT FACTS WITH 20 DAYS’ LEAVE TO AMEND.

Moving party to give notice. 

Case Number: 19STLC02809    Hearing Date: October 19, 2020    Dept: 26

Calima Electric, Inc. v. David Brian Sanders Interior Design, Inc., et al.

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Case Status Conference is set for January 8, 2021 at _10:00 am in Department 26 in the Spring Street Courthouse.

Defendant David Brian Sanders Interior Design, Inc.’s Demurrer to the Complaint is CONTINUED TO JANUARY 19, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Attorney William DeClercq, Esq.’s Motion to be Relieved as Counsel for Defendant David Brian Sanders Interior Design, Inc. is CONTINUED TO JANUARY 19, 2021 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

On March 21, 2019, Plaintiff Calima Electric, Inc. (“Plaintiff”) filed the instant action breach of contract, common counts and quantum meruit against Defendant David Brian Sanders Interior Design, Inc. (“Defendant”). On August 13, 2019, Defendant filed a Notice of Related Case with respect to four other cases: D & R Glass, Inc. v. KWC Construction Services, Inc., et al., LASC Case SC129732; KWC Construction, Inc. v. David Brian Sanders Interior Design, et al., LASC Case No. 19STCV09857; Pacific Rim Contractors, Inc. v. David Brian Sanders Interior Design, et al., LASC Case No. 19SMCV00775; Century City Mall, LLC v. Hello Darling Century City, LLC, et al., LASC Case No. 19SMVC00466; and David Brian Sanders Interior Design v. Hello Darling Century City, LLC, et al., LASC Case No. 19STCP01832.

On October 7, 2019, Defendant filed the instant demurrer to the Complaint. Also on October 7, 2019, Department O of the Santa Monica Courthouse issued an order in the lowest numbered case, LASC Case SC129732, stating that LASC Case SC129732 was not related to any of the cases listed on the Notice of Related Case, including the instant limited civil case. Notices of Related Case have been filed in each of the cases listed above, including the next lowest numbered case, LASC Case No. 19SMCV00466.

At the initial hearing on the Demurrer in this action on February 6, 2020, the Court pointed out the procedural posture of these actions and noted that LASC Case No. 19SMCV00466 is stayed pending a bankruptcy filing. (Minute Order, 2/6/20.) Plaintiff did not appear at the hearing. A Non-Appearance Case Review Re Bankruptcy set for April 28, 2020 in LASC Case No. 19SMCV00466 was continued to December 18, 2020. The Court continued the hearing on the Demurrer to March 26, 2020 to be heard concurrently with defense counsel’s Motion to be Relieved as Counsel.

Prior to the March 26, 2020 hearing date, the stay-at-home orders for the COVID-19 pandemic were issued and the Court continued the hearing on both the Demurrer and Motion to be Relieved as Counsel to October 19, 2020. The Court finds that no notice of the continued hearing on the Motion to be Relieved as Counsel has been provided to Defendant, as required by Cal. Rules of Court Rule 3.1362, subdivision (d). Additionally, the hearing on the Demurrer had been continued to allow for the Non-Appearance Case Review Re Bankruptcy in LASC Case No. 19SMCV00466.

Therefore, the Court sets a Case Status Conference for January 8, 2021 at 10:00 am in Department 26 in the Spring Street Courthouse. Counsel of record for both parties are ordered to appear at the Case Status Conference. The hearing on the Motion to be Relieved as Counsel and Demurrer to Complaint are continued to January 19, 2021 at 10:30 am in Department 26 in the Spring Street Courthouse.

Plaintiff is ordered to give notice of this order and the continued hearing date. 

Case Number: 19STLC02809    Hearing Date: February 06, 2020    Dept: 26

Calima Electric, Inc. v. David Brian Sanders Interior Design, Inc., et al.

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Defendant David Brian Sanders Interior Design, Inc.’s Demurrer to the Complaint is CONTINUED TO MAY 6, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

On March 21, 2019, Plaintiff Calima Electric, Inc. (“Plaintiff”) filed the instant action breach of contract, common counts and quantum meruit against Defendant David Brian Sanders Interior Design, Inc. (“Defendant”). On August 13, 2019, Defendant filed a Notice of Related Case with respect to four other cases: D & R Glass, Inc. v. KWC Construction Services, Inc., et al., LASC Case SC129732; KWC Construction, Inc. v. David Brian Sanders Interior Design, et al., LASC Case No. 19STCV09857; Pacific Rim Contractors, Inc. v. David Brian Sanders Interior Design, et al., LASC Case No. 19SMCV00775; Century City Mall, LLC v. Hello Darling Century City, LLC, et al., LASC Case No. 19SMVC00466; and David Brian Sanders Interior Design v. Hello Darling Century City, LLC, et al., LASC Case No. 19STCP01832.

On October 7, 2019, Defendant filed the instant demurrer to the Complaint.

Also on October 7, 2019, Department O of the Santa Monica Courthouse issued an order in the lowest numbered case, LASC Case SC129732, stating that LASC Case SC129732 was not related to any of the cases listed on the Notice of Related Case, including the instant limited civil case. Once the Notice of Related Case in LASC Case SC129732 was denied, the parties made no indication whether the remaining cases four cases should be deemed related. However, Notices of Related Case have been filed in each of the cases listed above, including the next lowest numbered case, LASC Case No. 19SMCV00466. If either party seeks a determination regarding whether the cases are related, a new Notice of Related Case must be filed in LASC Case No. 19SMCV00466. The Court notes that LASC Case No. 19SMCV00466 is stayed pending a bankruptcy filing, with a Non-Appearance Case review Re Bankruptcy set for April 28, 2020.

Accordingly, the hearing on the instant Demurrer is CONTINUED TO MAY 6, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Moving party to give notice.

Case Number: 19STLC02809    Hearing Date: December 09, 2019    Dept: 94

Calima Electric, Inc. v. David Brian Sanders Interior Design, Inc., et al.

DEMURRER

(CCP §§ 430.31, et seq.)

TENTATIVE RULING:

Defendant David Brian Sanders Interior Design, Inc.’s Demurrer to the Cross-Complaint is CONTINUED TO FEBRUARY 6, 2020 AT 10:30 AM IN DEPARTMENT 94.

ANALYSIS:

On March 21, 2019, Plaintiff Calima Electric, Inc. (“Plaintiff”) filed the instant action breach of contract, common counts and quantum meruit against Defendant David Brian Sanders Interior Design, Inc. (“Defendant”). On August 13, 2019, Defendant filed a Notice of Related Case with respect to three other cases. On October 7, 2019, Defendant filed the instant demurrer to the Complaint.

On November 27, 2019, Judge H. Jay Ford III set an OSC re Relation of the Cases for January 24, 2020 at 8:30 am in Department O at the Santa Monica Courthouse. Pending a determination on the related status of these cases, the hearing on Defendant’s Demurrer is CONTINUED TO FEBRUARY 6, 2020 AT 10:30 AM IN DEPARTMENT 94.

Moving party to give notice.