This case was last updated from Los Angeles County Superior Courts on 07/14/2021 at 15:25:52 (UTC).

DARNELL HINES VS L.A. HARVARD PROPERTY LLC

Case Summary

On 05/11/2020 DARNELL HINES filed a Civil Right - Other Civil Right lawsuit against L A HARVARD PROPERTY LLC. 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 Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3992

  • Filing Date:

    05/11/2020

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Civil Right - Other Civil Right

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

HINES DARNELL

Defendants

L.A. HARVARD PROPERTY LLC

L.A. HARVARD PROPERTY LLC DBA L.A. HARVARD PROPERTY LLC

Attorney/Law Firm Details

Plaintiff Attorney

MEHRBAN MORSE

 

Court Documents

Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default

2/1/2021: Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default

Notice: Waiver of Court Fees (Superior Court) - Notice: Waiver of Court Fees (Superior Court)

2/5/2021: Notice: Waiver of Court Fees (Superior Court) - Notice: Waiver of Court Fees (Superior Court)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5)) of 04/13/2021

4/13/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5)) of 04/13/2021

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

4/13/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest - Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

5/4/2021: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest - Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

Acknowledgment of Satisfaction of Judgment - Acknowledgment of Satisfaction of Judgment

5/20/2021: Acknowledgment of Satisfaction of Judgment - Acknowledgment of Satisfaction of Judgment

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

6/2/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5)) of 06/02/2021

6/2/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5)) of 06/02/2021

Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

7/24/2020: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

Default Judgment - Default Judgment

7/14/2020: Default Judgment - Default Judgment

Request for Dismissal - Request for Dismissal

6/25/2020: Request for Dismissal - Request for Dismissal

Proof of Personal Service - Proof of Personal Service

6/25/2020: Proof of Personal Service - Proof of Personal Service

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

6/25/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

6/25/2020: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Summons - Summons on Complaint

5/11/2020: Summons - Summons on Complaint

Complaint - Complaint

5/11/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

5/11/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

5/11/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

9 More Documents Available

 

Docket Entries

  • 06/02/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

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  • 06/02/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5)) of 06/02/2021; Filed by: Clerk

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  • 06/02/2021
  • DocketHearing on Motion to Set Aside/Vacate Default (CCP 473.5) scheduled for 06/02/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 06/02/2021; Result Type to Held

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  • 05/20/2021
  • DocketDeclaration Re: Payment of Waived Fees; Filed by: Darnell Hines (Plaintiff)

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  • 05/20/2021
  • DocketAcknowledgment of Satisfaction of Judgment; Filed by: Darnell Hines (Plaintiff); As to: Mehrdad Nemanpour Erroneously Sued As L.A. Harvard Property LLC (Defendant)

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  • 05/04/2021
  • DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by: Darnell Hines (Plaintiff); As to: Mehrdad Nemanpour Erroneously Sued As L.A. Harvard Property LLC (Defendant); Costs: 625.00; Interest: 412.00; Service Date: 05/04/2021

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  • 04/13/2021
  • DocketHearing on Motion to Set Aside/Vacate Default (CCP 473.5) scheduled for 06/02/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 04/13/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5))

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  • 04/13/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default (CCP 473.5)) of 04/13/2021; Filed by: Clerk

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  • 04/13/2021
  • DocketOn the Court's own motion, Hearing on Motion to Set Aside/Vacate Default (CCP 473.5) scheduled for 04/13/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 06/02/2021 10:00 AM

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17 More Docket Entries
  • 05/11/2020
  • DocketComplaint; Filed by: Darnell Hines (Plaintiff); As to: L.A. Harvard Property LLC (Defendant)

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  • 05/11/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 05/11/2020
  • DocketSummons on Complaint; Issued and Filed by: Darnell Hines (Plaintiff); As to: L.A. Harvard Property LLC (Defendant)

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  • 05/11/2020
  • DocketRequest to Waive Court Fees; Filed by: Darnell Hines (Plaintiff)

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  • 05/11/2020
  • DocketCivil Case Cover Sheet; Filed by: Darnell Hines (Plaintiff); As to: L.A. Harvard Property LLC (Defendant)

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  • 05/11/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/11/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 05/11/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Darnell Hines (Plaintiff)

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  • 05/11/2020
  • DocketNon-Jury Trial scheduled for 11/08/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 05/11/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/15/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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Tentative Rulings

Case Number: 20STLC03992    Hearing Date: June 2, 2021    Dept: 25

PROCEEDINGS: MOTION TO SET ASIDE DEFAULT AND VACATE COURT JUDGMENT

MOVING PARTY: Non-party Mehrdad Nemanpour

RESP. PARTY: None

MOTION TO SET ASIDE DEFAULT & DEFAULT JUDGMENT; MOTION TO QUASH SERVICE OF PROCESS

(CCP §§ 473, 473.5, 418.10)

TENTATIVE RULING:

Defendant L.A.Harvard Property, LLC’s Motion to Set Aside Default and Vacate Court Judgment is PLACED OFF CALENDAR AS MOOT.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of May 28, 2021 [ ] Late [X] None

REPLY: None filed as of May 28, 2021 [ ] Late [X] None

ANALYSIS:

I. Background & Discussion

On May 11, 2020, Plaintiff Darnell Hines (“Plaintiff”) filed an action for violation of the Unruh Civil Rights Act against Defendant L.A. Harvard Property, LLC (“Defendant”). Following Defendant’s failure to respond, default was entered against it on June 25, 2020. A default judgment was thereafter entered on July 14, 2020 in the amount of $5,115.00.

On February 1, 2021, Mehrdad Nemanpour (“Nemanpour”) filed the instant Motion to Set Aside Default and Vacate Court Judgment (the “Motion”). No opposition was filed.

At the initial April 13 hearing, the Court noted that Mr. Nemanpour could not move to set aside the default and default judgment on behalf of Defendant because Defendant was an entity and entity defendants must be represented by counsel in legal proceedings. (4/13/21 Minute Order.) The hearing was continued to give Defendant an opportunity to find and retain counsel. (Id.)

On May 5, 2021, Plaintiff filed a notice demonstrating the judgment had been satisfied in full. (5/20/21 Acknowledgement of Satisfaction of Judgment.) Thus, Defendant’s Motion is PLACED OFF CALENDAR AS MOOT.

II. Conclusion & Order

For the foregoing reasons, Defendant L.A.Harvard Property, LLC’s Motion to Set Aside Default and Vacate Court Judgment is PLACED OFF CALENDAR AS MOOT.

Moving party is ordered to give notice.

Case Number: 20STLC03992    Hearing Date: April 13, 2021    Dept: 25

HEARING DATE: Tue., April 13, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Hines v. L.A. Harvard Property, LLC COMPL. FILED: 05-11-20

CASE NUMBER: 20STLC03992 DEFAULT: 06-25-20

NOTICE: OK DEF. JDMT: 07-14-20

PROCEEDINGS: MOTION TO SET ASIDE DEFAULT AND VACATE COURT JUDGMENT

MOVING PARTY: Non-party Mehrdad Nemanpour

RESP. PARTY: None

MOTION TO SET ASIDE DEFAULT & DEFAULT JUDGMENT; MOTION TO QUASH SERVICE OF PROCESS

(CCP §§ 473, 473.5, 418.10)

TENTATIVE RULING:

To allow Defendant L.A. Harvard Property, LLC the opportunity to find and retain counsel, the Motion to Set Aside Default and Vacate Court Judgment is CONTINUED TO June 2, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file and serve proof of legal representation. Failure to do so will result in the Motion being placed off calendar or denied.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of April 9, 2021 [ ] Late [X] None

REPLY: None filed as of April 9, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On May 11, 2020, Plaintiff Darnell Hines (“Plaintiff”) filed an action for violation of the Unruh Civil Rights Act against Defendant L.A. Harvard Property, LLC (“Defendant”). Following Defendant’s failure to respond, default was entered against it on June 25, 2020. A default judgment was thereafter entered on July 14, 2020 in the amount of $5,115.00.

On February 1, 2021, Mehrdad Nemanpour (“Nemanpour”) filed the instant Motion to Set Aside Default and Vacate Court Judgment (the “Motion”). No opposition was filed.

As an initial matter, the Court notes that because Defendant is a limited liability company, Mr. Nemanpour cannot file the instant Motion on Defendant’s behalf.

Since the passage of the State Bar Act in 1927, persons may represent their own interests in legal proceedings, but may not represent the interests of another unless they are active members of the State Bar. [Citation.]” (Hansen v. Hansen (2003) 114 Cal.App.4th 618, 621.) An entity must be represented by a lawyer in legal proceedings and may not represent itself (either directly or through a non-lawyer agent) in litigation, as such an act would be the unauthorized practice of law. (See e.g. Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101) (corporation); Albion River Watershed Protection Ass’n v. Department of Forestry & Fire Protection (1993) 20 Cal. App. 4th 34, 37 (unincorporated association); Aulisio v. Bancroft (2014) 230 Cal. App. 4th 1518, 1519-20 (trustee for trust).

To allow Defendant time to seek and retain counsel, the hearing on this Motion is CONTINUED.

  1. Conclusion & Order

To allow Defendant L.A. Harvard Property, LLC the opportunity to find and retain counsel, the Motion to Set Aside Default and Vacate Court Judgment is CONTINUED TO June 2, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file and serve proof of legal representation. Failure to do so will result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.

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