This case was last updated from Los Angeles County Superior Courts on 10/16/2020 at 00:06:23 (UTC).

EISNER, A PROFESSIONAL CORPORATION, A CALIFORNIA CORPORATION VS JOE SILVER , ET AL.

Case Summary

On 04/17/2019 EISNER, A PROFESSIONAL CORPORATION, A CALIFORNIA CORPORATION filed a Contract - Other Contract lawsuit against JOE SILVER . 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3813

  • Filing Date:

    04/17/2019

  • Case Status:

    Other

  • 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

EISNER A PROFESSIONAL CORPORATION A CALIFORNIA CORPORATION

Defendants

SILVER MANAGEMENT INC A CORPORATION

NON STOP PRODUCTIONS LLC A CALIFORNIA LIMITED LIABILITY COMPANY

SILVER JOE

Attorney/Law Firm Details

Plaintiff Attorney

CAPOZZOLA DAMIAN D

 

Court Documents

Proof of Personal Service - Proof of Personal Service

3/9/2020: Proof of Personal Service - Proof of Personal Service

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

4/13/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

4/30/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

4/30/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

4/30/2020: Proof of Personal Service - Proof of Personal Service

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

5/11/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

5/11/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Declaration (name extension) - Declaration of Joel Silver in Support

6/12/2020: Declaration (name extension) - Declaration of Joel Silver in Support

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

6/12/2020: Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default

Declaration (name extension) - Declaration of Dennis B Ellman in Support

6/12/2020: Declaration (name extension) - Declaration of Dennis B Ellman in Support

Minute Order - Minute Order (Court Order)

6/12/2020: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/12/2020

6/12/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/12/2020

Notice (name extension) - Notice of Hearing Date of Defendant's Motion

7/9/2020: Notice (name extension) - Notice of Hearing Date of Defendant's Motion

Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

9/22/2020: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

9/22/2020: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

Notice of Settlement - Notice of Settlement

9/22/2020: Notice of Settlement - Notice of Settlement

Request for Dismissal - Request for Dismissal

9/22/2020: Request for Dismissal - Request for Dismissal

Summons - Summons on Complaint

4/17/2019: Summons - Summons on Complaint

15 More Documents Available

 

Docket Entries

  • 09/29/2020
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 03/30/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 09/29/2020

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  • 09/23/2020
  • DocketAddress for Damian D Capozzola (Attorney) null

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  • 09/22/2020
  • DocketOn the Complaint filed by Eisner, A Professional Corporation, a California corporation on 04/17/2019, entered Request for Dismissal with prejudice filed by Eisner, A Professional Corporation, a California corporation as to the entire action

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  • 09/22/2020
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 03/30/2021 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 09/22/2020
  • DocketNotice of Settlement; Filed by: Joe Silver (Defendant); Non Stop Productions, LLC, a California limited liability company (Defendant); Vacate Future Dates: Yes; Settlement Type: Unconditional; OSC re: Dismissal Date: 03/30/2021; OSC re: Dismissal Time: 09:30; Set Hearing and Generate Notice?: Yes

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  • 09/22/2020
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 03/30/2021 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 09/22/2020
  • DocketOrder to Show Cause re: Dismissal (Settlement); Filed by: Clerk

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  • 09/22/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/20/2022 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 09/22/2020

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  • 09/22/2020
  • DocketNon-Jury Trial scheduled for 10/14/2020 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 09/22/2020

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  • 09/22/2020
  • DocketHearing on Motion to Set Aside/Vacate Default (CCP 473.5) scheduled for 09/23/2020 at 09:00 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 09/22/2020

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25 More Docket Entries
  • 03/09/2020
  • DocketProof of Personal Service; Filed by: Eisner, A Professional Corporation, a California corporation (Plaintiff); As to: Non Stop Productions, LLC, a California limited liability company (Defendant); Service Date: 03/06/2020; Service Cost: 300.00; Service Cost Waived: No

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  • 03/09/2020
  • DocketProof of Personal Service; Filed by: Eisner, A Professional Corporation, a California corporation (Plaintiff); As to: Silver Management Inc, a corporation (Defendant); Service Date: 03/06/2020; Service Cost: 300.00; Service Cost Waived: No

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  • 04/19/2019
  • DocketNon-Jury Trial scheduled for 10/14/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/19/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/20/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/19/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 04/17/2019
  • DocketComplaint; Filed by: Eisner, A Professional Corporation, a California corporation (Plaintiff); As to: Joe Silver (Defendant); Silver Management Inc, a corporation (Defendant); Non Stop Productions, LLC, a California limited liability company (Defendant)

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  • 04/17/2019
  • DocketCivil Case Cover Sheet; Filed by: Eisner, A Professional Corporation, a California corporation (Plaintiff); As to: Joe Silver (Defendant); Silver Management Inc, a corporation (Defendant); Non Stop Productions, LLC, a California limited liability company (Defendant)

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  • 04/17/2019
  • DocketSummons on Complaint; Issued and Filed by: Eisner, A Professional Corporation, a California corporation (Plaintiff); As to: Joe Silver (Defendant); Silver Management Inc, a corporation (Defendant); Non Stop Productions, LLC, a California limited liability company (Defendant)

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  • 04/17/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/17/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC03813    Hearing Date: September 23, 2020    Dept: 26

Eisner, APC v. Silver, et al.

MOTION TO VACATE DEFAULT

(CCP § 473(b))

TENTATIVE RULING:

Defendants Joel Silver, Non Stop Productions, LLC and Woodburn, Inc. fka Silver Pictures Management, Inc.’s Motion to Vacate Entry of Default on the Complaint is GRANTED. THE COURT HEREBY VACATES THE DEFAULTS ENTERED ON MAY 11, 2020. DEFENDANTS ARE TO FILE AND SERVE THE RESPONSIVE PLEADING WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiff Eisner, APC (“Plaintiff”) filed the instant action for breach of retainer agreement against Defendants Joel Silver, Non Stop Productions, LLC and Woodburn, Inc. fka Silver Pictures Management, Inc. (“Defendants”) on April 17, 2019. Service of the Summons and Complaint was not effectuated until March 6, 2020. On May 11, 2020, the Court entered default against Defendants.

Defendants filed the instant Motion to Vacate Entry of Default on June 12, 2020. To date, no opposition has been filed.

Discussion

Defendants move for relief from the default pursuant to Code of Civil Procedure, section 473, subdivision (b), under which an application for relief must be made no more than six months after entry of the order from which relief is sought and must be accompanied by an affidavit of fault attesting to the mistake, inadvertence, surprise or neglect of the moving party or its attorney. (Code Civ. Proc., § 473, subd. (b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.) The Motion must also be accompanied by a copy of the moving party’s responsive pleading. (Code Civ. Proc., § 473, subd. (b).)

The Motion is brought under both the discretionary and mandatory provisions of the statute. Furthermore, “[i]f the prerequisites for the application of the mandatory provision of section 473, subdivision (b) exist, the trial court does not have discretion to refuse relief.” (Leader v. Health Industries of America, Inc. (2001) 89 Cal.App.4th 603, 612.)

The Motion was filed less than six months after entry of default, making it timely under the mandatory provision. It is also accompanied by an attorney affidavit of fault that explains Defendants forwarded the Summons and Complaint to attorneys Dennis B. Ellman and Robert Marshall at Greenberg Glusker Fields Claman & Machtinger LLP (“Greenberg Gluckster”). (Motion, Silver Decl., ¶¶2-6.) Greenberg Gluckster has been Defendant Silver’s primary law firm for many years and were involved in negotiations with Plaintiff regarding the claim at issue in this action back in 2016. (Id. at ¶2.) Attorneys Ellman and Marshall at Greenberg Gluckster, however, did not attend to the papers sent by Defendant prior to entry of default. Attorney Ellman left for vacation on March 6, 2020 and upon returning to Los Angeles two weeks later was instructed not to come into the office because stay-at-home orders were issued in response to the global COVID-19 pandemic. (Motion, Ellman Decl., ¶¶4-5.) Attorney Ellman does not recall seeing emails regarding this action during that time. (Ibid.) Attorney Marshall meanwhile, had been hospitalized with a serious health condition earlier this year and had performed little to no work for Greenberg Gluckster since that time. (Id. at ¶5.) The supporting affidavits demonstrate that Defendants’ failure to respond to the Complaint was the result of Greenberg Gluckster’s surprise, mistake, inadvertence or excusable neglect.

Finally, the Motion is accompanied by a copy of Defendants’ proposed Answer to the Complaint. (Motion, Silver Decl., Exh. B.)

Conclusion

Therefore, Defendants Joel Silver, Non Stop Productions, LLC and Woodburn, Inc. fka Silver Pictures Management, Inc.’s Motion to Vacate Entry of Default on the Complaint is GRANTED. THE COURT HEREBY VACATES THE DEFAULTS ENTERED ON MAY 11, 2020. DEFENDANTS ARE TO FILE AND SERVE THE RESPONSIVE PLEADING WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.