This case was last updated from Los Angeles County Superior Courts on 07/29/2020 at 15:39:57 (UTC).

DASHAYNE WALKER VS PUENTE HILLS FORD

Case Summary

On 05/14/2019 DASHAYNE WALKER filed a Contract - Other Contract lawsuit against PUENTE HILLS FORD. 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:

    *******4650

  • Filing Date:

    05/14/2019

  • 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 and Cross Defendant

WALKER DASHAYNE

Defendant and Cross Plaintiff

PUENTE HILLS FORD

Attorney/Law Firm Details

Defendant Attorney

HWANG HENRY

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Dismiss) of 03/09/2020

3/9/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Dismiss) of 03/09/2020

Minute Order - Minute Order (Hearing on Motion to Dismiss)

3/9/2020: Minute Order - Minute Order (Hearing on Motion to Dismiss)

Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

9/26/2019: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

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

9/17/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration (name extension) - Declaration Declaration of Tony Tajalli

9/17/2019: Declaration (name extension) - Declaration Declaration of Tony Tajalli

Request for Dismissal - Request for Dismissal

9/17/2019: Request for Dismissal - Request for Dismissal

Summary of the Case - Summary of the Case

9/17/2019: Summary of the Case - Summary of the Case

Motion to Dismiss - Motion to Dismiss cross complaint

9/18/2019: Motion to Dismiss - Motion to Dismiss cross complaint

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

9/3/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Service by Mail - Proof of Service by Mail

9/3/2019: Proof of Service by Mail - Proof of Service by Mail

Cross-Complaint - Cross-Complaint

6/20/2019: Cross-Complaint - Cross-Complaint

Answer - Answer

6/20/2019: Answer - Answer

Civil Case Cover Sheet - Civil Case Cover Sheet

5/14/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

5/14/2019: Summons - Summons on Complaint

Complaint - Complaint

5/14/2019: Complaint - Complaint

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

5/14/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

5/14/2019: First Amended Standing Order - First Amended Standing Order

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

5/14/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

9 More Documents Available

 

Docket Entries

  • 05/17/2022
  • Hearing05/17/2022 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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  • 11/10/2020
  • Hearing11/10/2020 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Appearance Case Review

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  • 11/10/2020
  • Hearing11/10/2020 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 03/24/2020
  • DocketReset - Court Unavailable, Non-Appearance Case Review re payment of reclassification fees scheduled for 03/27/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 11/10/2020 10:30 AM

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  • 03/09/2020
  • DocketNon-Appearance Case Review re payment of reclassification fees scheduled for 03/27/2020 at 10:30 AM in Spring Street Courthouse at Department 26

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  • 03/09/2020
  • DocketMinute Order (Hearing on Motion to Dismiss)

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  • 03/09/2020
  • DocketCertificate of Mailing for (Hearing on Motion to Dismiss) of 03/09/2020; Filed by: Clerk

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  • 03/09/2020
  • DocketHearing on Motion to Dismiss scheduled for 03/09/2020 at 10:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 03/09/2020; Result Type to Not Held - Taken Off Calendar by Court

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  • 01/24/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 01/24/2020
  • DocketReset - Court Unavailable, Hearing on Motion to Dismiss scheduled for 01/30/2020 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Rescheduled by Court was rescheduled to 03/09/2020 10:30 AM

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18 More Docket Entries
  • 05/14/2019
  • DocketUpdated -- Request to Waive Court Fees: Filed By: Dashayne Walker (Plaintiff); Result: Granted; Result Date: 05/14/2019; As To Parties: removed

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  • 05/14/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Filed by: Clerk

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  • 05/14/2019
  • DocketRequest to Waive Court Fees; Filed by: Dashayne Walker (Plaintiff)

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  • 05/14/2019
  • DocketCivil Case Cover Sheet; Filed by: Dashayne Walker (Plaintiff)

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  • 05/14/2019
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 05/14/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 05/14/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 05/14/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 05/14/2019
  • DocketNon-Jury Trial scheduled for 11/10/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/14/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/17/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 19STLC04650    Hearing Date: March 09, 2020    Dept: 26

Walker v. Puente Hills Ford, et al.

MOTION TO DISMISS CROSS-COMPLAINT

TENTATIVE RULING:

Cross-Defendant Deshayne Walker’s Motion to Dismiss is PLACED OFF CALENDAR.

THE COURT RECLASSIFIES THIS ACTION AS AN UNLIMITED CIVIL CASE. THE ACTION IS TRANSFERRED TO THE RECLASSIFICATION/TRANSFER DESK FOR COLLECTION OF FEES AND REASSIGNMENT OF THE CASE TO AN INDEPENDENT CALENDAR COURT. CROSS-COMPLAINANT PUENTE HILLS FORD IS ORDERED TO PAY THE RECLASSIFICATION FEE WITHIN TEN (10) DAYS.

ANALYSIS:

Plaintiff Deshayne Walker (hereinafter “Cross-Defendant”) filed the instant action for breach of vehicle purchase agreement against Defendant Puente Hills Ford (hereinafter “Cross-Complainant”) on May 14, 2019. Cross-Complainant filed the Cross-Complaint on June 20, 2019. On September 3, 2019, the Court entered Cross-Defendant’s default on the Cross-Complaint.

On September 18, 2019, Cross-Defendant filed the instant Motion to Dismiss Cross-Complaint (“the Motion”). On September 26, 2019, the Court rejected Cross-Complainant’s request for default judgment on the grounds that the Cross-Complaint seeks an amount in excess of the jurisdictional limit of this Court and that Cross-Complainant must file a motion to reclassify the action.

On January 16, 2020, Cross-Complainant filed an opposition to the instant Motion.

Discussion

As of September 3, 2019, Cross-Defendant is in default on the Cross-Complaint and can take no action other than to file a motion to vacate the entry of default. (People v. One 1986 Toyota Pickup (1995) 31 Cal.App.4th 254, 259 [“Under Code of Civil Procedure section 585 (judgment on default), the entry of a default terminates a defendant's rights to take any further affirmative steps in the litigation until either the default is set aside or a default judgment is entered. A defendant against whom a default has been entered is out of court and is not entitled to take any further steps in the cause affecting plaintiff's right of action.”].) Therefore, Cross-Defendant Deshayne Walker’s Motion to Dismiss is PLACED OFF CALENDAR.

As the Court previously noted, the Cross-Complaint seeks damages in excess of the jurisdictional limit of this Court. Specifically, the Cross-Complaint seeks damages of at least $51,214.32. (Cross-Compl., ¶¶15, 20, Prayer at ¶1.) The jurisdictional limit of this Court is $25,000.00. Under Code of Civil Procedure 403.040, subdivision (a), “The court, on its own motion, may reclassify a case at any time.” (Code Civ. Proc., § 403.040, subd. (a).) Accordingly, the Court reclassifies this action as an unlimited civil case. The action is transferred to the Reclassification/Transfer Desk for collection of fees and reassignment of the case to an Independent Calendar Court. Cross-Complainant Puente Hills Ford is ordered to pay the reclassification fee within ten (10) days.

Plaintiff filed a proof of substitute service on October 24, 2019. On November 25, 2019, Defendant filed the instant Motion to Quash Service of Summons and Complaint. To date, no opposition has been filed.

Defendant has not demonstrated service of the Motion to Quash on Plaintiff as there is no accompanying proof of service. Failure to give notice of the Motion is a violation of the statutory requirements for notice and of Plaintiff’s right to due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) Additionally, the Court notes that the Motion is not supported by any legal authority, as required by Cal. Rules of Court Rule 3.1113, subdivision (b): “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (Cal. Rules of Court, Rule 3.1113, subd. (b).) The Court cannot grant relief without citation to the legal authority on which the Motion is brought.

Based on the foregoing, the hearing on Defendant Gerardo Acevedo’s Motion to Quash Service of Summons and Complaint is CONTINUED TO JUNE 4, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, DEFENDANT IS TO FILE SUPPLEMENTAL PAPERS WITH SUPPORTING LEGAL AUTHORITY AND PROOF OF SERVICE OF THE ORIGINAL AND SUPPLEMENTAL MOTION PAPERS. ANY OPPOSITION OR REPLY PAPERS ARE TO BE FILED PER THE CODE OF CIVIL PROCEDURE.

Court clerk to give notice.