This case was last updated from Los Angeles County Superior Courts on 05/28/2020 at 19:24:34 (UTC).

CHRIS LANGER VS HERIBERTO ROMERO, ET AL.

Case Summary

On 08/30/2019 CHRIS LANGER filed a Civil Right - Other Civil Right lawsuit against HERIBERTO ROMERO. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8074

  • Filing Date:

    08/30/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

LANGER CHRIS

Defendants

ROMERO HERIBERTO

PVK HOLDINGS LLC A CALIFORNIA LIMITED LIABILITY COMPANY

Attorney/Law Firm Details

Plaintiff Attorney

GRACE PHYL

 

Court Documents

Notice of Settlement - Notice of Settlement

5/8/2020: Notice of Settlement - Notice of Settlement

Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

5/8/2020: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

Amended Complaint - Amended Complaint

12/16/2019: Amended Complaint - Amended Complaint

Minute Order - Minute Order (Hearing on Motion for Leave to Amend PLAINTIFFS NOTICE OF MO...)

1/15/2020: Minute Order - Minute Order (Hearing on Motion for Leave to Amend PLAINTIFFS NOTICE OF MO...)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Leave to Amend PLAINTIFFS NOTICE OF MO...) of 01/15/2020

1/15/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion for Leave to Amend PLAINTIFFS NOTICE OF MO...) of 01/15/2020

Motion for Leave to Amend (name extension) - Motion for Leave to Amend MOTION FOR LEAVE

9/27/2019: Motion for Leave to Amend (name extension) - Motion for Leave to Amend MOTION FOR LEAVE

Civil Case Cover Sheet - Civil Case Cover Sheet

8/30/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

8/30/2019: Complaint - Complaint

Summons - Summons on Complaint

8/30/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

8/30/2019: First Amended Standing Order - First Amended Standing Order

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

8/30/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 04/26/2021
  • Hearing04/26/2021 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause - Hearing (name extension)

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  • 05/08/2020
  • DocketUpdated -- Notice of Settlement: Status Date changed from 05/08/2020 to 05/08/2020; As To Parties: removed

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  • 05/08/2020
  • DocketOrder to Show Cause - Hearing re: Dismissal Date scheduled for 04/26/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 05/08/2020
  • DocketOrder to Show Cause re: Dismissal (Settlement); Filed by: Clerk

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  • 05/08/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/02/2022 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 05/08/2020

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  • 05/08/2020
  • DocketNon-Jury Trial scheduled for 02/26/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 05/08/2020

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  • 01/15/2020
  • DocketCertificate of Mailing for (Hearing on Motion for Leave to Amend PLAINTIFF?S NOTICE OF MO...) of 01/15/2020; Filed by: Clerk

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  • 01/15/2020
  • DocketMinute Order (Hearing on Motion for Leave to Amend PLAINTIFF?S NOTICE OF MO...)

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  • 01/15/2020
  • DocketHearing on Motion for Leave to Amend PLAINTIFF?S NOTICE OF MOTION AND MOTION TO FILE FIRST AMENDED COMPLAINT scheduled for 01/15/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 01/15/2020; Result Type to Not Held - Taken Off Calendar by Court

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  • 12/16/2019
  • DocketAmended Complaint; Filed by: CHRIS LANGER (Plaintiff); As to: HERIBERTO ROMERO (Defendant); PVK HOLDINGS,LLC,a California Limited Liability Company (Defendant)

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  • 09/30/2019
  • DocketHearing on Motion for Leave to Amend PLAINTIFF?S NOTICE OF MOTION AND MOTION TO FILE FIRST AMENDED COMPLAINT scheduled for 01/15/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/27/2019
  • DocketMotion for Leave to Amend MOTION FOR LEAVE; Filed by: CHRIS LANGER (Plaintiff)

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  • 09/03/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/02/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/03/2019
  • DocketNon-Jury Trial scheduled for 02/26/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/03/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 08/30/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 08/30/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/30/2019
  • DocketCivil Case Cover Sheet; Filed by: CHRIS LANGER (Plaintiff); As to: HERIBERTO ROMERO (Defendant); PVK HOLDINGS,LLC,a California Limited Liability Company (Defendant)

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  • 08/30/2019
  • DocketSummons on Complaint; Issued and Filed by: CHRIS LANGER (Plaintiff); As to: HERIBERTO ROMERO (Defendant); PVK HOLDINGS,LLC,a California Limited Liability Company (Defendant)

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  • 08/30/2019
  • DocketComplaint; Filed by: CHRIS LANGER (Plaintiff); As to: HERIBERTO ROMERO (Defendant); PVK HOLDINGS,LLC,a California Limited Liability Company (Defendant)

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Tentative Rulings

Case Number: 19STLC08074     Hearing Date: January 15, 2020    Dept: 94

Langer v. Romero, et al.

MOTION FOR LEAVE TO AMEND COMPLAINT

(CCP §§ 472; 473(a))

TENTATIVE RULING:

Plaintiff Chris Langer’s Motion to File First Amended Complaint is PLACED OFF CALENDAR.

ANALYSIS:

  1. Background

On August 3, 2019, Plaintiff Chris Langer (“Plaintiff”) filed an action for violation of the Unruh Civil Rights Act against PVK Holdings, LLC and Heriberto Romero (“Romero”). Defendants have not yet filed an answer to the complaint, and Plaintiff has not submitted any proof of service demonstrating the Complaint has been served.

On September 27, 2019, Plaintiff filed the instant Motion to File First Amended Complaint (the “Motion”).

On December 16, 2019, Plaintiff filed a First Amended Complaint.

To date, no opposition or reply briefs have been filed.

Legal Standard

The policy favoring amendment and resolving all matters in the same dispute is “so strong that it is a rare case in which denial of leave to amend can be justified. . . .” “Although courts are bound to apply a policy of great liberality in permitting amendments to the complaint at any stage of the proceedings, up to and including trial [citations], this policy should be applied only ‘where no prejudice is shown to the adverse party . . . . [citation]. A different result is indicated ‘where inexcusable delay and probable prejudice to the opposing party’ is shown. [Citation].” (Magpali v. Farmers Group (1996) 48 Cal.App.4th 471, 487 (emphasis added).) Where a proposed amendment opening an entirely new substantive area of injury on the eve of trial without any explanation for why the major change had not been made long before, denial of leave is appropriately ordered in the court’s discretion. (Id.)

Also, a motion for leave to file an amended pleading must comply with California Rules of Court, rule 3.1342, which requires a supporting declaration setting forth explicitly what allegations are to be added and where, and explicitly stating what new evidence was discovered warranting the amendment and why the amendment was not made earlier. The motion must also include (1) a copy of the proposed and numbered amendment, (2) specifications by reference to pages and lines the allegations that would be deleted and added, and (3) a declaration specifying the effect, necessity and propriety of the amendments, date of discovery and reasons for delay. (Cal. Rules of Court, rule 3.1324(a)-(b).)

Discussion

As an initial matter, the Court notes that Plaintiff has not yet filed proofs of service for the Complaint or the instant Motion. “A summons is the process by which a court acquires personal jurisdiction over a defendant in a civil action. The form of a summons is prescribed by law, and this form must be substantially observed. [Citation.]” (MJS Enterprises, Inc. v. Superior Court (1984) 153 Cal.App.3d 555, 557.) In addition, failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.)

Plaintiff filed the instant action seeking to amend its Complaint to remove the erroneously sued Romero, the former owner of the establishment Plaintiff claims violated the Unruh Civil Rights Act. (Mot., p. 1.) Plaintiff seeks to name the current owner, Miriam Nepomuceno. (Id.) However, Code of Civil Procedure, section 472 provides that “[a] party may amend its pleading once without leave of court at any time before the answer, demurrer, or motion to strike is filed…” (Code Civ. Proc., § 472.) Here, Plaintiffs have not previously amended their Complaint. In addition, Defendants have not yet filed an answer, demurrer, or motion to strike Plaintiff’s Complaint. Therefore, Plaintiff is not required to obtain permission from the Court to file the amendment. (Id.) Further, on December 16, 2019, Plaintiff filed a First Amended Complaint with the changes outlined in its Motion.

Accordingly, Plaintiff’s Motion is PLACED OFF CALENDAR.

Conclusion & Order

For the foregoing reasons, Plaintiff Chris Langer’s Motion to File First Amended Complaint is PLACED OFF CALENDAR.

Moving party to give notice.

Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.