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.
*******3813
04/17/2019
Other
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
EISNER A PROFESSIONAL CORPORATION A CALIFORNIA CORPORATION
SILVER MANAGEMENT INC A CORPORATION
NON STOP PRODUCTIONS LLC A CALIFORNIA LIMITED LIABILITY COMPANY
SILVER JOE
CAPOZZOLA DAMIAN D
3/9/2020: Proof of Personal Service - Proof of Personal Service
4/13/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
4/30/2020: Proof of Personal Service - Proof of Personal Service
4/30/2020: Proof of Personal Service - Proof of Personal Service
4/30/2020: Proof of Personal Service - Proof of Personal Service
5/11/2020: 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
6/12/2020: Declaration (name extension) - Declaration of Joel Silver in Support
6/12/2020: Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default
6/12/2020: Declaration (name extension) - Declaration of Dennis B Ellman in Support
6/12/2020: Minute Order - Minute Order (Court Order)
6/12/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/12/2020
7/9/2020: Notice (name extension) - Notice of Hearing Date of Defendant's Motion
9/22/2020: 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)
9/22/2020: Notice of Settlement - Notice of Settlement
9/22/2020: Request for Dismissal - Request for Dismissal
4/17/2019: Summons - Summons on Complaint
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
DocketAddress for Damian D Capozzola (Attorney) null
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
DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 03/30/2021 at 09:30 AM in Spring Street Courthouse at Department 26
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
DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 03/30/2021 at 09:30 AM in Spring Street Courthouse at Department 26
DocketOrder to Show Cause re: Dismissal (Settlement); Filed by: Clerk
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
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
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
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
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
DocketNon-Jury Trial scheduled for 10/14/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
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
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
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)
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)
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)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
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.