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This case was last updated from Los Angeles County Superior Courts on 11/12/2020 at 03:51:34 (UTC).

ELITE CONSULTANTS AND MANAGEMENT, INC. VS JULEATHIA TANKARD, ET AL.

Case Summary

On 10/19/2018 ELITE CONSULTANTS AND MANAGEMENT, INC filed a Contract - Other Contract lawsuit against JULEATHIA TANKARD. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3141

  • Filing Date:

    10/19/2018

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

ELITE CONSULTANTS AND MANAGEMENT INC. DBA GLOBAL FUNDING SOLUTIONS

Defendants

TANKARD JULEATHIA

FORTUNE GROUP LLC

Not Classified By Court

ATTORNEY ERIC D. RIDLEY

Attorney/Law Firm Details

Plaintiff Attorney

RIDLEY ERIC D

Defendant Attorney

KING DANIEL

 

Court Documents

Request for Dismissal - Request for Dismissal

9/25/2020: Request for Dismissal - Request for Dismissal

Minute Order - Minute Order (Order to Show Cause Re: Failure to File Proof of Service)

11/10/2020: Minute Order - Minute Order (Order to Show Cause Re: Failure to File Proof of Service)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 09/10/2020

9/10/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 09/10/2020

Minute Order - Minute Order (Court Order)

9/10/2020: Minute Order - Minute Order (Court Order)

Stipulation and Order (name extension) - Stipulation and Order JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL

3/16/2020: Stipulation and Order (name extension) - Stipulation and Order JOINT STIPULATION AND [PROPOSED] ORDER TO CONTINUE TRIAL

Motion to Compel (name extension) - Motion to Compel Production of documents and Responses to Form Interrogatories

6/14/2019: Motion to Compel (name extension) - Motion to Compel Production of documents and Responses to Form Interrogatories

Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

6/25/2019: Minute Order - Minute Order (Hearing on Motion to Deem Request for Admissions Admitted)

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

7/1/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Motion for Summary Judgment - Motion for Summary Judgment

7/3/2019: Motion for Summary Judgment - Motion for Summary Judgment

Substitution of Attorney - Substitution of Attorney

3/11/2019: Substitution of Attorney - Substitution of Attorney

Motion to Strike (not anti-SLAPP) - without Demurrer - Motion to Strike (not anti-SLAPP) - without Demurrer

1/16/2019: Motion to Strike (not anti-SLAPP) - without Demurrer - Motion to Strike (not anti-SLAPP) - without Demurrer

Proof of Service by Substituted Service - Proof of Service by Substituted Service

11/21/2018: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

12/4/2018: Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

Answer - Answer

12/13/2018: Answer - Answer

Summons - Summons on Complaint

10/19/2018: Summons - Summons on Complaint

Complaint - Complaint

10/19/2018: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

10/19/2018: Civil Case Cover Sheet - Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

10/19/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

12 More Documents Available

 

Docket Entries

  • 11/10/2020
  • DocketOn the Complaint filed by Elite Consultants and Management, Inc. on 10/19/2018, entered Order for Dismissal without prejudice as to the entire action

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  • 11/10/2020
  • DocketMinute Order (Order to Show Cause Re: Failure to File Proof of Service)

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  • 11/10/2020
  • DocketCertificate of Mailing for (Order to Show Cause Re: Failure to File Proof of Service) of 11/10/2020; Filed by: Clerk

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  • 11/10/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/10/2020 at 09:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 11/10/2020; Result Type to Held

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  • 09/25/2020
  • DocketOn the Complaint filed by Elite Consultants and Management, Inc. on 10/19/2018, entered Request for Dismissal without prejudice filed by Elite Consultants and Management, Inc., does 1-30 ONLY

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  • 09/25/2020
  • DocketAddress for Eric D Ridley (Attorney) null

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  • 09/10/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/10/2020 at 09:30 AM in Spring Street Courthouse at Department 25

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  • 09/10/2020
  • DocketMinute Order (Court Order)

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  • 09/10/2020
  • DocketCertificate of Mailing for (Court Order) of 09/10/2020; Filed by: Clerk

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  • 09/10/2020
  • DocketNon-Jury Trial scheduled for 09/14/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 09/10/2020

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29 More Docket Entries
  • 11/28/2018
  • DocketUpdated -- Demand for Jury Trial: As To Parties: removed; Status changed from Filed to Rejected

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  • 11/28/2018
  • DocketDemand for Jury Trial; Filed by: Juleathia Tankard (Defendant)

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  • 11/21/2018
  • DocketProof of Service by Substituted Service; Filed by: Elite Consultants and Management, Inc. (Plaintiff); As to: Juleathia Tankard (Defendant); Service Cost: 0.00; Service Cost Waived: No

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  • 10/24/2018
  • DocketNon-Jury Trial scheduled for 04/17/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/24/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/22/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/19/2018
  • DocketComplaint; Filed by: Elite Consultants and Management, Inc. (Plaintiff); As to: Juleathia Tankard (Defendant); Fortune Group LLC (Defendant)

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  • 10/19/2018
  • DocketCivil Case Cover Sheet; Filed by: Elite Consultants and Management, Inc. (Plaintiff)

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  • 10/19/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 10/19/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/19/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 18STLC13141    Hearing Date: April 1, 2021    Dept: 25

HEARING DATE: Thu., April 1, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Elite Consultants and Management, Inc. v. Tankard, et al.

CASE NUMBER: 18STLC13141 COMPL. FILED: 10-19-18

NOTICE: OK DISMISSAL: 11-10-20

PROCEEDINGS: MOTION TO VACATE DISMISSAL

MOVING PARTY: Plaintiff Elite Consultants and Management, Inc. dba Global Funding Solutions

RESP. PARTY: None

MOTION TO SET ASIDE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Elite Consultants and Management, Inc. dba Global Funding Solutions’ Motion to Vacate Dismissal is GRANTED. The dismissal entered on November 10, 2020 is HEREBY VACATED.

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 March 29, 2021 [ ] Late [X] None

REPLY: None filed as of March 29, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On October 19, 2018, Plaintiff Elite Consultants and Management, Inc. dba Global Funding Solutions (“Plaintiff”) filed an action for breach of contract and breach of guarantee agreement against Defendants Juleathia Tankard (“Tankard”) and Fortune Group, LLC (“Fortune”) (collectively, “Defendants”). Defendant Tankard filed an Answer, in pro per, on December 13, 2018.

On September 10, 2020, the Court reviewed this case and found that service had not yet been effectuated on all defendants. (9/10/20 Minute Order.) Trial was placed off calendar and the Court set an OSC re Failure to file proof of service for November 10, 2020. (Id.) The Court warned that failure to appear could result in the case being dismissed. (Id.)

Neither party appeared at the November 10, 2020 OSC hearing. (11/10/20 Minute Order.) For this reason, the Court ordered the Complaint filed by Plaintiff dismissed without prejudice. (Id.)

Plaintiff filed the instant Motion to Vacate Dismissal (the “Motion”) on January 5, 2021. To date, no opposition has been filed.

  1. Legal Standard & Discussion

Plaintiff seeks relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., pp. 3:24-4:8.) Under this statute, an application for relief must be made no more than six months after entry of the judgment, dismissal, order, or other proceeding 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.)

Plaintiff’s Motion is timely. It seeks to set aside the dismissal entered on November 10, 2020 due to Plaintiff’s counsel’s mistake, inadvertence, surprise, or excusable neglect. (Mot., p 3:24-4:8.) Specifically, counsel states that he suffered a back injury, rendering him bedridden and incoherent on the day of the OSC hearing. (Id., Ridley Decl., ¶¶ 2-5.) As a result, he did not appear. (Id.)

Based on the timely request to vacate the dismissal supported by an attorney affidavit of fault, the unopposed Motion is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Elite Consultants and Management, Inc. dba Global Funding Solutions’ Motion to Vacate Dismissal is GRANTED. The dismissal entered on November 10, 2020 is HEREBY VACATED.

Moving party is ordered to give notice.

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