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.
Pending - Other Pending
Spring Street Courthouse
Los Angeles, California
PUENTE HILLS FORD
3/9/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Dismiss) of 03/09/2020
3/9/2020: Minute Order - Minute Order (Hearing on Motion to Dismiss)
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
9/17/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
9/17/2019: Declaration (name extension) - Declaration Declaration of Tony Tajalli
9/17/2019: Request for Dismissal - Request for Dismissal
9/17/2019: Summary of the Case - Summary of the Case
9/18/2019: Motion to Dismiss - Motion to Dismiss cross complaint
9/3/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
9/3/2019: Proof of Service by Mail - Proof of Service by Mail
6/20/2019: Cross-Complaint - Cross-Complaint
6/20/2019: Answer - Answer
5/14/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
5/14/2019: Summons - Summons on Complaint
5/14/2019: Complaint - Complaint
5/14/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
5/14/2019: First Amended Standing Order - First Amended Standing Order
5/14/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
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 ServiceRead MoreRead Less
Hearing11/10/2020 at 10:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Appearance Case ReviewRead MoreRead Less
Hearing11/10/2020 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury TrialRead MoreRead Less
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 AMRead MoreRead Less
DocketNon-Appearance Case Review re payment of reclassification fees scheduled for 03/27/2020 at 10:30 AM in Spring Street Courthouse at Department 26Read MoreRead Less
DocketMinute Order (Hearing on Motion to Dismiss)Read MoreRead Less
DocketCertificate of Mailing for (Hearing on Motion to Dismiss) of 03/09/2020; Filed by: ClerkRead MoreRead Less
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 CourtRead MoreRead Less
DocketNotice Re: Continuance of Hearing and Order; Filed by: ClerkRead MoreRead Less
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 AMRead MoreRead Less
DocketUpdated -- Request to Waive Court Fees: Filed By: Dashayne Walker (Plaintiff); Result: Granted; Result Date: 05/14/2019; As To Parties: removedRead MoreRead Less
DocketOrder on Court Fee Waiver (Superior Court); Filed by: ClerkRead MoreRead Less
DocketRequest to Waive Court Fees; Filed by: Dashayne Walker (Plaintiff)Read MoreRead Less
DocketCivil Case Cover Sheet; Filed by: Dashayne Walker (Plaintiff)Read MoreRead Less
DocketSummons on Complaint; Issued and Filed by: ClerkRead MoreRead Less
DocketNotice of Case Assignment - Limited Civil Case; Filed by: ClerkRead MoreRead Less
DocketFirst Amended Standing Order; Filed by: ClerkRead MoreRead Less
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk CourthouseRead MoreRead Less
DocketNon-Jury Trial scheduled for 11/10/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94Read MoreRead Less
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 94Read MoreRead Less
Case Number: 19STLC04650 Hearing Date: March 09, 2020 Dept: 26
Walker v. Puente Hills Ford, et al.
MOTION TO DISMISS CROSS-COMPLAINT
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.
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.
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.
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