This case was last updated from Los Angeles County Superior Courts on 08/04/2019 at 01:50:50 (UTC).

EARL, ROBERT VS GUVEN UZEN MD

Case Summary

On 12/16/2015 EARL, ROBERT filed an Other lawsuit against GUVEN UZEN MD. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5619

  • Filing Date:

    12/16/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiffs

LAW OFFICES OF JASMINDER GILL PC

MCPOLAND MAURIA

EARL ROBERT

Defendants

BEVERLY HILLS PAIN INSTITUTE AND

COAST PAIN MANAGEMENT INC

THOMAS J PHILLIP MD APC

MID VALLEY SURGERY CENTER

SIMONMED IMAGING A PROFESSIONAL

ROBERT R POMAHAC CHIROPRACTIC INC

PAIN THERAPY SOLUTIONS

THE SPINE INSTITUTE INC

HONG KWANGJA L

GUVEN UZEN MD

INFONUERO GROUP A MEDICAL CORP

MARC E LYNCH DO

ALGOS INC

MID VALLEY SURGERY CENTER LLC

MD GUVEN UZEN

APC THOMAS J PHILLIP MD

Not Classified By Court

TEST PARTY FOR TRUST CONVERSION

Attorney/Law Firm Details

Plaintiff Attorneys

LAW OFFICES OF JASMINDER GILL PC

LAW OFFICES OF JASMINDER GILL PC DOING BUSINESS AS PACIFIC COAST INJURY LAW CENTER

PACIFIC COAST INJURY LAW CENTER

 

Court Documents

Other - (name extension) - CIVIL DEPOSIT

12/16/2015: Other - (name extension) - CIVIL DEPOSIT

(name extension) - PROOF OF SERVICE TO COMPLAINT FILED

1/31/2017: (name extension) - PROOF OF SERVICE TO COMPLAINT FILED

(name extension) - PROOF OF SERVICE TO COMPLAINT FILED

5/5/2017: (name extension) - PROOF OF SERVICE TO COMPLAINT FILED

(name extension) - PROOF OF SERVICE TO COMPLAINT FILED

5/5/2017: (name extension) - PROOF OF SERVICE TO COMPLAINT FILED

(name extension) - PROOF OF SERVICE TO COMPLAINT FILED

5/5/2017: (name extension) - PROOF OF SERVICE TO COMPLAINT FILED

Motion re: (name extension)

6/15/2017: Motion re: (name extension)

Request for Entry of Default / Judgment

10/19/2017: Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment

10/30/2017: Notice of Rejection Default/Clerk's Judgment

Proof of Service by Substituted Service

12/14/2017: Proof of Service by Substituted Service

Request for Entry of Default / Judgment

1/16/2018: Request for Entry of Default / Judgment

Request for Entry of Default / Judgment

1/16/2018: Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment

2/8/2018: Notice of Rejection Default/Clerk's Judgment

Request for Dismissal

9/18/2018: Request for Dismissal

Minute Order - Minute Order (Order to Show Cause Re: Sanctions for Failure to Serve All De...)

10/24/2018: Minute Order - Minute Order (Order to Show Cause Re: Sanctions for Failure to Serve All De...)

Motion to Set Aside/Vacate Dismissal - Motion to Set Aside/Vacate Dismissal

1/10/2019: Motion to Set Aside/Vacate Dismissal - Motion to Set Aside/Vacate Dismissal

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

4/10/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Entry of Default Judgment/Dismissal) of 07/18/2019

7/18/2019: Certificate of Mailing for - Certificate of Mailing for (Order to Show Cause Re: Entry of Default Judgment/Dismissal) of 07/18/2019

Notice of Motion - Notice of Motion

7/23/2019: Notice of Motion - Notice of Motion

69 More Documents Available

 

Docket Entries

  • 07/25/2019
  • Hearing on Motion for Order Discharge Plaintiff Law Offices of Jasminder Gill, PC scheduled for 11/06/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/23/2019
  • Notice of Motion; Filed by: LAW OFFICES OF JASMINDER GILL PC (Plaintiff)

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  • 07/18/2019
  • Order to Show Cause Re: Entry of Default Judgment/Dismissal scheduled for 11/06/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/18/2019
  • Minute Order (Order to Show Cause Re: Entry of Default Judgment/Dismissal)

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  • 07/18/2019
  • Certificate of Mailing for (Order to Show Cause Re: Entry of Default Judgment/Dismissal) of 07/18/2019; Filed by: Clerk

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  • 07/18/2019
  • On the Court's own motion, Order to Show Cause Re: Entry of Default Judgment/Dismissal scheduled for 07/18/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Held - Continued was rescheduled to 11/06/2019 08:30 AM

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  • 04/17/2019
  • Order to Show Cause Re: Entry of Default Judgment/Dismissal scheduled for 07/18/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/17/2019
  • Minute Order (Order to Show Cause Re: Entry of Default Judgment/Dismissal)

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  • 04/17/2019
  • On the Court's own motion, Order to Show Cause Re: Entry of Default Judgment/Dismissal scheduled for 04/17/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Held - Continued was rescheduled to 07/18/2019 08:30 AM

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  • 04/10/2019
  • Request for Entry of Default / Judgment; Filed by: ROBERT EARL (Plaintiff); MAURIA MCPOLAND (Plaintiff); LAW OFFICES OF JASMINDER GILL PC (Plaintiff); As to: ALGOS, INC. (Defendant)

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129 More Docket Entries
  • 02/04/2016
  • AMENDMENT TO COMPLAINT FILED FOR FICTITIOUS N

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  • 02/04/2016
  • AMENDMENT TO COMPLAINT FILED FOR FICTITIOUS N

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  • 12/21/2015
  • NON-JURY TRIAL SET FOR 06/16/17, 08:30 AM, DEPT 77 * * DELETED

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  • 12/18/2015
  • OSC SET 12/17/18, 08:30 AM, DEPT. 77 PURSUANT TO GENERAL ORDER

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  • 12/16/2015
  • Civil Case Cover Sheet; Filed by: ROBERT EARL (Plaintiff); MAURIA MCPOLAND (Plaintiff); LAW OFFICES OF JASMINDER GILL PC (Plaintiff)

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  • 12/16/2015
  • Other - CIVIL DEPOSIT; Filed by: ROBERT EARL (Plaintiff); MAURIA MCPOLAND (Plaintiff); LAW OFFICES OF JASMINDER GILL PC (Plaintiff)

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  • 12/16/2015
  • Trust Deposit: Condemnation & Interpleader Trust; Amount: $5,437.65 Receipt: ST-2017-0017086 (Cash); Party: Test Party for Trust Conversion (Non-Party)

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  • 12/16/2015
  • COMPLAINT FILED - DECLARATORY RELIELF Filing Fee: 225.00

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  • 12/16/2015
  • SUMMONS FILED

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  • 12/16/2015
  • CIVIL DEPOSIT: $5,437.65 PAID ON INTERPLEADER CIVIL DEPOSIT: $5,437.65 PAID ON INTERPLEADER RECEIPT #: CCH400521055

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Tentative Rulings

Case Number: 15K15619    Hearing Date: November 06, 2019    Dept: 94

Earl v. Uzen, et al.

MOTION TO DISCHARGE AND FOR ATTORNEY’ FEES

(CCP §§ 386, 386.5)

TENTATIVE RULING:

Plaintiff Law Offices of Jasminder Gill’s Motion to Discharge and for Attorney Fees is DENIED.

ANALYSIS:

I. Background

On December 16, 2015, Plaintiffs Robert Earl, Mauria McPoland, and Law Offices of Jasminder Gill (“LOG”) (collectively, “Plaintiffs”) initiated this interpleader action against Defendants Guven Uzun, Thomas J. Phillip, MD, APC, Robert R. Pomahac Chiropractic, Inc., Pain Therapy Solutions (“PTS”), and the Spine Institute, Inc. (“SII”), Simmoned Imaging, a Professional Corporation, Mid Valley Surgery Center, Kwangja L. Hong, Coast Pain Management, Inc. (“CPM”), and Algos, Inc. (“Algos”). Plaintiffs have dismissed former Defendants Beverly Hills Pain Institute and Neurology, Infonuero Group, a Medical Corp., and Marc E. Lynch, D.O.

On July 23, 2019, LOG filed the instant Motion to Discharge and for Attorney Fees (the “Motion”). Because of the procedural defects stated below, the Court cannot grant the Motion.

II. Discussion

A. Proper Service of Summons and Complaint

As an initial matter, there is no proof of service to show that PTS has been served with the Summons and Complaint. Moreover, the Proofs of Service regarding SII, Algos, and CPM are facially invalid. Those Proofs of Service show that the Summons and Complaint were served by substituted service on SII through an intake consultant, Erma Gonzales (“Ms. Gonzales”), on Algos through front desk receptionist, Martha Quawuin (“Ms. Quawuin”), and on CPM through an office manager, Irma Madrigal (“Ms. Madrigal”).

The statute for substituted service provides: “In lieu of personal delivery of a copy of the summons and complaint to the person to be served as specified in Section 416.10 . . . a summons may be served by leaving a copy of the summons and complaint during usual office hours in his or her office or, if no physical address is known, at his or her usual mailing address, other than a United States Postal Service post office box, with the person who is apparently in charge thereof, and by thereafter mailing a copy of the summons and complaint by first-class mail, postage prepaid to the person to be served at the place where a copy of the summons and complaint were left.” (CCP § 415.20(a).) Ordinally, Plaintiffs would need to personally serve SII, Algos, and CPM through one of the persons specified in CCP § 416.10, namely a designated agent of service, “president, chief executive officer, or other head of the corporation, a vice president, a secretary or assistant secretary, a treasurer or assistant treasurer, a controller or chief financial officer, a general manager, or a person authorized by the corporation to receive service of process.” (CCP § 416.10(a)-(b).) The term “general manager” does not include an office manager, but “indicates one who has general direction and control of the business of the corporation as distinguished from one who has the management only of a particular branch of the business; he may do everything which the corporation could do in transaction of its business.’ [Citation.]” (General Motors Corp. v. Superior Court (1971) 15 Cal.App.3d 81, 86.)

Plaintiffs may serve a person “specified in Section 416.10” through substituted service under CCP § 415.20(a). However, an intake consultant, a front desk receptionist, and an office manager are not persons specified in CCP § 416.10(a)-(b) to receive service on behalf of SII, Algos, and CPM. If Plaintiffs were attempting to serve persons specified in Section 416.10 through Ms. Gonzales, Ms. Quawuin, and Ms. Madrigal, then the Proofs of Service of Summons and Complaint for SII, Algos, and CPM fail to specified those persons as required by Section 415.20(a). The Court of Appeal has held, “While section 415.20, subdivision (a) permits substituted service on ‘the person to be served as specified in Section 416.10,’ where the proof of service fails to identify any such person, the proof of service is defective.” (Ramos v. Homeward Residential, Inc. (2014) 223 Cal.App.4th 1434, 1441-1442, emphasis added.) Because the Proofs of Service of Summons and Complaint for SII, Algos, and CPM fail to specify such person, they are facially defective.

Given the defective service of process stated above, the Court cannot proceed with the action until the service issues have been resolved.

B. Merits of Motion

Although the Court need not consider the Motion given the service defects, the Court nevertheless finds the Motion to be improper. LOG seeks to discharge its liability under CCP § 386.5, but the statute states:

Where the only relief sought against one of the defendants is the payment of a stated amount of money alleged to be wrongfully withheld, such defendant may, upon affidavit that he is a mere stakeholder with no interest in the amount or any portion thereof and that conflicting demands have been made upon him for the amount by parties to the action, upon notice to such parties, apply to the court for an order discharging him from liability and dismissing him from the action on his depositing with the clerk of the court the amount in dispute and the court may, in its discretion, make such order.

(Emphasis added.)

Section 386.5 allows a defendant to move to discharge his liability. Thus, Plaintiff LOG is not the proper party and is not entitled to the requested relief under Section 386.5.

III. Conclusion & Order

For the stated reasons, the Motion DENIED.

Given the improper service of process, the Court hereby sets an OSC Hearing re: Service of Summons and Complaint/Dismissal for January 27, 2020 at 10:30 a.m. in Department 94.

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’s 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.