On 10/12/2018 ELIYAHU ZILBERSTEIN filed a Contract - Business lawsuit against ELLIOTT SMITH. 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 Pending - Other Pending.
*******2781
10/12/2018
Pending - Other Pending
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
JON R. TAKASUGI
ZILBERSTEIN ELIYAHU
6356 VAN NUYS LLC
SMITH ELLIOTT
CENTRAL BILLING LLC
FELDMAN STEPHEN MARK
BEITCHMAN DAVID PRISYON
8/17/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information
10/21/2020: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)
6/22/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information
7/10/2020: Request for Judicial Notice - Request for Judicial Notice
7/16/2020: Reply (name extension) - Reply in Support of Motion for Attorneys' Fees
7/23/2020: Minute Order - Minute Order (Hearing on Motion for Attorney Fees)
7/23/2020: Notice of Ruling - Notice of Ruling
9/25/2019: Special Motion to Strike under CCP Section 425.16 (Anti-SLAPP motion) - Special Motion to Strike under CCP Section 425.16 (Anti-SLAPP motion)
9/25/2019: Declaration (name extension) - Declaration of Michelle Seanez
9/25/2019: Association of Attorney - Association of Attorney NOTICE OF ASSOCIATION OF COUNSEL
1/14/2020: Objection (name extension) - Objection Evidentiary Objections to Declaration of Michelle Seanez in Support of Motion to Strike
1/14/2020: Opposition (name extension) - Opposition Opposition to Motion to Strike
1/21/2020: Declaration (name extension) - Declaration Declaration of Michelle Seanez in Support of Defendants' Reply
1/28/2020: Minute Order - Minute Order (Hearing on Special Motion to Strike under CCP Section 425.16 ...)
1/30/2020: Motion for Attorney Fees - Motion for Attorney Fees
2/19/2020: Substitution of Attorney - Substitution of Attorney
3/18/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
10/12/2018: Civil Case Cover Sheet
Hearing08/30/2021 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)
DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 08/30/2021 at 09:30 AM in Spring Street Courthouse at Department 25
DocketOrder to Show Cause re: Dismissal (Settlement); Filed by: Clerk
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/15/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 10/21/2020
DocketNon-Jury Trial scheduled for 10/26/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 10/21/2020
DocketUpdated -- Notice of Settlement: Status Date changed from 10/19/2020 to 10/19/2020; As To Parties: removed
DocketNotice of Change of Address or Other Contact Information; Filed by: Stephen Mark Feldman (Attorney)
DocketAddress for Stephen Mark Feldman (Attorney) updated
DocketUpdated -- Motion for Attorney Fees: Filed By: 6356 Van Nuys, LLC (Plaintiff),Eliyahu Zilberstein (Plaintiff); Result: Denied; Result Date: 07/23/2020
DocketNotice of Ruling; Filed by: Eliyahu Zilberstein (Plaintiff); 6356 Van Nuys, LLC (Plaintiff)
DocketAssociation of Attorney NOTICE OF ASSOCIATION OF COUNSEL; Filed by: Eliyahu Zilberstein (Plaintiff); 6356 Van Nuys, LLC (Plaintiff)
DocketAnswer; Filed by: Elliott Smith (Defendant); Central Billing, LLC (Defendant); As to: Eliyahu Zilberstein (Plaintiff); 6356 Van Nuys, LLC (Plaintiff)
DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/15/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketNon-Jury Trial scheduled for 04/10/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketCivil Case Cover Sheet; Filed by: Eliyahu Zilberstein (Plaintiff); 6356 Van Nuys, LLC (Plaintiff)
DocketComplaint; Filed by: Eliyahu Zilberstein (Plaintiff); 6356 Van Nuys, LLC (Plaintiff); As to: Elliott Smith (Defendant); Central Billing, LLC (Defendant)
Case Number: 18STLC12781 Hearing Date: July 23, 2020 Dept: 25
HEARING DATE: Thu., July 23, 2020 JUDGE /DEPT: Blancarte/25
CASE NAME: Zilberstein, et al. v. Smith, et al. COMP. FILED: 10-12-18
CASE NUMBER: 18STLC12781 DISC. C/O: 09-26-20
NOTICE: OK MOTION C/O: 10-11-20
TRIAL DATE: 10-26-20
PROCEEDINGS: MOTION FOR ATTORNEY’S FEES
MOVING PARTY: Plaintiff’s Eliyahu Zilberstein and 6356 Van Nuys, LLC
RESP. PARTY: Defendants Elliot Smith and Central Billing, LLC
MOTION FOR ATTORNEY’S FEES
(CCP § 425.16)
TENTATIVE RULING:
Plaintiffs Eliyahu Zilberstein and 6356 Van Nuys, LLC’s Motion for Attorney’s Fees is DENIED.
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: Filed on July 10, 2020 [ ] Late [ ] None
REPLY: Filed on July 16, 2020 [ ] Late [ ] None
ANALYSIS:
I. Background
On October 12, 2018, Plaintiffs Eliyahu Zilberstein and 6356 Van Nuys Blvd, LLC (collectively, “Plaintiffs”) filed an action for unfair business practices and injunctive relief against Defendants Elliot Smith and Central Billing, LLC (collectively, “Defendants”). On August 29, 2019, Defendants filed an Answer.
On September 25, 2019, Defendants filed a special motion to strike Plaintiffs’ Complaint pursuant to Code of Civil Procedure section 425.16. However, because anti-SLAPP motions are not permitted in limited jurisdiction courts, on January 28, 2020, the Court denied that motion. (1/28/20 Minute Order.)
On January 30, 2020, Plaintiffs filed the instant Motion for Attorney’s Fees (the “Motion”). On July 10, 2020, Defendants filed an Opposition, and on July 16, 2020, Plaintiffs filed a Reply.
II. Legal Standard & Discussion
Plaintiffs bring the instant Motion pursuant to Code of Civil Procedure section 425.16, subdivision (c), and argue they are entitled to attorney’s fees because Defendants’ Motion to Strike was denied. (Mot., p. 3:20-4:2.)
Code of Civil Procedure section 425.16, subdivision (c) provides:
“Except as provided in paragraph (2), in any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney’s fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney’s fees to a plaintiff prevailing on the motion, pursuant to section 128.5”
(Emphasis added.)
Under this section, “an award of attorney fees to a defendant prevailing on a special motion to strike is mandatory; a prevailing plaintiff is entitled to fees only upon proof that the defendant’s motion was frivolous or solely intended to cause unnecessary delay.” (Vargas v. City of Salinas (2011) 200 Cal.App.4th 1331, 1340-41.) Here, the Court denied Defendants’ special motion to strike because it is not permitted in limited jurisdiction court, not because it was found to be frivolous or intending to cause unnecessary delay. (1/28/20 Minute Order.)
Thus, Plaintiff’s request for attorney’s fees is DENIED.
III. Conclusion & Order
For the foregoing reasons, Plaintiffs Eliyahu Zilberstein and 6356 Van Nuys, LLC’s Motion for Attorney’s Fees is DENIED.
Moving parties are ordered to give notice.
Case Number: 18STLC12781 Hearing Date: January 28, 2020 Dept: 25
TENTATIVE RULING:
Defendants Elliot Smith and Central Billing, LLC’s Special Motion to Strike is DENIED.
OPPOSITION: Filed January 14, 2020
REPLY: Filed January 21, 2020
ANALYSIS:
I. Background & Discussion
On October 12, 2018, Plaintiffs Eliy Ahu Zilberstein and 6356 Van Nuys Blvd, LLC (collectively, “Plaintiffs”) filed an action for unfair business practices under Business and Professions Code sections 17200 and 17500 and for injunctive relief against Defendants Elliot Smith and Central Billing, LLC (collectively, “Defendants”). On August 29, 2019, Defendants filed an Answer.
On September 25, 2019, Defendants filed the instant Special Motion to Strike Plaintiffs’ Complaint (the “Motion”) pursuant to Code of Civil Procedure section 425.16.
However, in a limited jurisdiction court, “[m]otions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint.” (Code Civ. Proc., § 92, subd. (d).) The Court of Appeal recently held: “Thus, construing section 92(d) to permit anti-SLAPP motions to be brought in limited civil cases would undermine the Legislature’s goal of efficient and cost-effective litigation in such cases. [¶] For all these reasons, we conclude that section 92(d) precludes a defendant from bringing a special motion to strike in a limited civil case.” (1550 Laurel Owner's Association, Inc. v. Appellate Division of Superior Court of Los Angeles County (2018) 28 Cal.App.5th 1146, 1158.)
Because the instant Motion is not permitted in this Court, it is DENIED.
III. Conclusion & Order
For the foregoing reasons, Defendants Elliot Smith and Central Billing, LLC’s Special Motion to Strike is DENIED.
Moving parties are ordered to give notice.