On 12/05/2019 DMITRY GUZIK filed a Contract - Other Contract lawsuit against MARIO MIRANDA. 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.
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12/05/2019
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JAMES E. BLANCARTE
GUZIK DMITRY
MIRANDA MARIO
BERNAL DEYSI
LANDVER ALINA
ALLEGUEZ TINA MARIE
6/12/2020: Notice of Entry of Dismissal and Proof of Service - Notice of Entry of Dismissal and Proof of Service
6/12/2020: Request for Dismissal - Request for Dismissal
4/15/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
3/18/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike
1/21/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service
1/21/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service
12/10/2019: Summons - Summons on Complaint
12/5/2019: First Amended Standing Order - First Amended Standing Order
12/5/2019: Complaint - Complaint
12/5/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
12/5/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Hearing12/08/2022 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearing06/03/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial
DocketPursuant to the request of moving party, Hearing on Demurrer - without Motion to Strike scheduled for 06/29/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Party on 06/29/2020
DocketNotice of Entry of Dismissal and Proof of Service; Filed by: Dmitry Guzik (Plaintiff)
DocketOn the Complaint filed by Dmitry Guzik on 12/05/2019, entered Request for Dismissal with prejudice filed by Dmitry Guzik as to Deysi Bernal
DocketOn the Complaint filed by Dmitry Guzik on 12/05/2019, entered Request for Dismissal with prejudice filed by Dmitry Guzik as to Deysi Bernal
DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk
DocketReset - Court Unavailable, Hearing on Demurrer - without Motion to Strike scheduled for 04/20/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 06/29/2020 10:30 AM
DocketDemurrer - without Motion to Strike; Filed by: Deysi Bernal (Defendant)
DocketHearing on Demurrer - without Motion to Strike scheduled for 04/20/2020 at 10:30 AM in Spring Street Courthouse at Department 25
DocketProof of Service by Substituted Service; Filed by: Dmitry Guzik (Plaintiff); As to: Deysi Bernal (Defendant); Service Cost: 45.00; Service Cost Waived: No
DocketProof of Service by Substituted Service; Filed by: Dmitry Guzik (Plaintiff); As to: Mario Miranda (Defendant); Service Cost: 104.00; Service Cost Waived: No
DocketSummons on Complaint; Issued and Filed by: Dmitry Guzik (Plaintiff); As to: Mario Miranda (Defendant); Deysi Bernal (Defendant)
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/08/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketNon-Jury Trial scheduled for 06/03/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse
DocketFirst Amended Standing Order; Filed by: Clerk
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketCivil Case Cover Sheet; Filed by: Dmitry Guzik (Plaintiff); As to: Mario Miranda (Defendant); Deysi Bernal (Defendant)
DocketComplaint; Filed by: Dmitry Guzik (Plaintiff); As to: Mario Miranda (Defendant); Deysi Bernal (Defendant)
Case Number: 19STLC11167 Hearing Date: June 29, 2020 Dept: 25
DEMURRER
(CCP § 430.41)
TENTATIVE RULING:
Defendant Daysi Dolores Bernal’s Demurrer to Plaintiff’s Complaint is PLACED OFF CALENDAR.
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 June 23, 2020 [ ] Late [X] None
REPLY: None filed as of June 23, 2020 [ ] Late [X] None
ANALYSIS:
Background & Discussion
On December 5, 2019, Plaintiff Dmitry Guzik (“Plaintiff”) filed an action for breach of contract, negligence, contract rescission, restitution, money had and received, and damage to real property against Defendants Mario Miranda (“Miranda”) and Deysi Bernal (“Bernal”) (collectively, “Defendants”).
On March 18, 2020, Defendant Bernal filed the instant Demurrer to Plaintiff’s Complaint (the “Demurrer”). No opposition was filed.
On June 12, 2020, Plaintiff filed a request to dismiss the complaint with prejudice as to Defendant Bernal only. On June 15, 2020, dismissal was entered as requested.
Accordingly, Defendant Bernal’s Demurrer is PLACED OFF CALENDAR.
Conclusion & Order
For the foregoing reasons, Defendant Daysi Dolores Bernal’s Demurrer to Plaintiff’s Complaint is PLACED OFF CALENDAR.
Moving party is ordered to give notice.