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This case was last updated from Los Angeles County Superior Courts on 04/09/2021 at 08:35:16 (UTC).

ERIC JOHNSON VS BURGERM GROUP USA, INC.

Case Summary

On 07/29/2019 ERIC JOHNSON filed a Contract - Other Contract lawsuit against BURGERM GROUP USA, INC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6967

  • Filing Date:

    07/29/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

JOHNSON ERIC

Defendant

BURGERM GROUP USA INC.

Attorney/Law Firm Details

Plaintiff Attorney

MANAHAN AMANDA E

Defendant Attorney

STEIN CHARLIE

 

Court Documents

Notice (name extension) - Notice Proof of Service on Plaintiff re Order Granting Counsel Motion

1/27/2021: Notice (name extension) - Notice Proof of Service on Plaintiff re Order Granting Counsel Motion

Notice (name extension) - Notice of Ruling on Counsel's Motion Be Relieved as Counsel (AEM)

1/27/2021: Notice (name extension) - Notice of Ruling on Counsel's Motion Be Relieved as Counsel (AEM)

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

5/20/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

6/22/2020: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

6/22/2020: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

Notice of Ruling - Notice of Ruling

6/22/2020: Notice of Ruling - Notice of Ruling

Notice (name extension) - Notice Amended Proof of Service for Motion to Continue Trial

8/6/2020: Notice (name extension) - Notice Amended Proof of Service for Motion to Continue Trial

Reply (name extension) - Reply Non-Opposition by Defendant to Plaintiff Motion to Continue Trial

12/23/2020: Reply (name extension) - Reply Non-Opposition by Defendant to Plaintiff Motion to Continue Trial

Minute Order - Minute Order (Hearing on Motion to Continue Trial)

1/5/2021: Minute Order - Minute Order (Hearing on Motion to Continue Trial)

Notice (name extension) - Notice Notice of Ruling on Motion Continue Non-Jury Trial and Related Dates

1/5/2021: Notice (name extension) - Notice Notice of Ruling on Motion Continue Non-Jury Trial and Related Dates

Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

1/26/2021: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

1/26/2021: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil - Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

1/9/2020: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

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

8/14/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

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

8/7/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Summons - Summons on Complaint

7/29/2019: Summons - Summons on Complaint

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

7/29/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

7/29/2019: First Amended Standing Order - First Amended Standing Order

14 More Documents Available

 

Docket Entries

  • 08/01/2022
  • Hearing08/01/2022 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 06/03/2021
  • Hearing06/03/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 01/27/2021
  • DocketNotice of Ruling on Counsel's Motion Be Relieved as Counsel (AEM); Filed by: Eric Johnson (Plaintiff)

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  • 01/27/2021
  • DocketNotice Proof of Service on Plaintiff re Order Granting Counsel Motion; Filed by: Eric Johnson (Plaintiff)

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  • 01/26/2021
  • DocketOrder Granting Attorney's Motion to Be Relieved as Counsel-Civil; Signed and Filed by: Eric Johnson (Plaintiff)

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  • 01/26/2021
  • DocketMinute Order (Hearing on Motion to be Relieved as Counsel)

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  • 01/26/2021
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 01/26/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 01/26/2021; Result Type to Held - Motion Granted

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  • 01/14/2021
  • DocketNotice Non-Opposition by Defendant to Plaintiff Motion to be Relieved as Counsel of Record; Filed by: Eric Johnson (Plaintiff)

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  • 01/05/2021
  • DocketUpdated -- Motion to Continue Trial Date: Filed By: Eric Johnson (Plaintiff); Result: Granted; Result Date: 01/05/2021

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  • 01/05/2021
  • DocketNotice Notice of Ruling on Motion Continue Non-Jury Trial and Related Dates; Filed by: Eric Johnson (Plaintiff); As to: Eric Johnson (Plaintiff)

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21 More Docket Entries
  • 08/14/2019
  • DocketProof of Service by Substituted Service; Filed by: Eric Johnson (Plaintiff); As to: Burgerm Group USA, Inc. (Defendant); Proof of Mailing Date: 08/05/2019; Service Cost: 0.00; Service Cost Waived: No

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  • 08/07/2019
  • DocketProof of Service by Substituted Service; Filed by: Eric Johnson (Plaintiff); As to: Burgerm Group USA, Inc. (Defendant); Proof of Mailing Date: 08/05/2019; Service Cost: 0.00; Service Cost Waived: No

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  • 07/30/2019
  • DocketNon-Jury Trial scheduled for 01/25/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/30/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/01/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/30/2019
  • DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse

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  • 07/29/2019
  • DocketComplaint; Filed by: Eric Johnson (Plaintiff); As to: Burgerm Group USA, Inc. (Defendant)

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  • 07/29/2019
  • DocketCivil Case Cover Sheet; Filed by: Eric Johnson (Plaintiff); As to: Burgerm Group USA, Inc. (Defendant)

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  • 07/29/2019
  • DocketSummons on Complaint; Issued and Filed by: Eric Johnson (Plaintiff); As to: Burgerm Group USA, Inc. (Defendant)

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  • 07/29/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/29/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 19STLC06967    Hearing Date: January 26, 2021    Dept: 25

HEARING DATE: Tue., January 26, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Johnson v. Burgerm Group USA, Inc. COMPL. FILED: 07-29-19

CASE NUMBER: 19STLC06967 DISC. C/O: 05-04-21

NOTICE: OK DISC. MOT. C/O: 05-19-21

TRIAL DATE: 06-03-21

PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Plaintiff’s Counsel Amanda Manahan

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.162)

TENTATIVE RULING:

Plaintiff’s Counsel Amanda Manahan’s Motion to be Relieved as Counsel is GRANTED and the Order will be signed at the hearing. After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, rule 3.1362(e).) The Order on this Motion will not be effective “until proof of service of a copy of the signed order on [Plaintiff] has been filed with the court.” (Id.)

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 January 22, 2021 [ ] Late [X] None

REPLY: None filed as of January 22, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On July 29, 2019, Plaintiff Eric Johnson (“Plaintiff”) filed an action for breach of contract and common counts against Defendant Burgerm Group USA, Inc. (“Defendant”). Defendant filed an Answer on September 4, 2019. On June 22, 2020, this Court granted Defendant’s counsel’s motion to be relieved as counsel. (6/22/20 Minute Order.)

On July 24, 2020, Plaintiff’s Counsel Amanda Manahan with Manahan Flashman & Brandon (“Counsel”) filed the instant Motion to be Relieved as Counsel (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (Code Civ. Proc. § 284, subd. (2).) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) An application to be relieved as counsel must be made on Judicial Counsel Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).)

In addition, California Rules of Court, rule 3.1362 subsection (d) requires that the notice of motion and motion, declaration, and proposed order be served on the client and all other parties who have appeared in the case by personal service, electronic service, or mail. If the notice is served by mail, it must be accompanied by a declaration stating facts showing that either:

(A) The service address is the current residence or business address of the client; or

(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.

(Cal. Rules of Court, rule 3.1362, subd. (1)(A) & (2).)

  1. Discussion

Plaintiff’s Counsel seeks to be relieved because, over the past several months, irreconcilable differences have arisen between Plaintiff and Counsel’s firm. (MC-052, ¶ 2.) As a result, Counsel states the firm can no longer effectively represent Plaintiff. (Id.) Counsel served this Motion at Plaintiff’s last known address, which was confirmed by Plaintiff’s corporate counsel, Kate Stanton, and through an internet search. (Id. at ¶ 3.)

The Court is satisfied with Counsel’s reasons for seeking to be relieved finds she has satisfied the requirements of California Rules of Court, rule 3.1362, subdivisions (a) and (c)-(e). Importantly, trial is scheduled for June 3, 2021, giving Plaintiff sufficient time to obtain new counsel should he wish to continue prosecuting this action. Accordingly, the unopposed Motion is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff’s Counsel Amanda Manahan’s Motion to be Relieved as Counsel is GRANTED and the Order will be signed at the hearing. After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, rule 3.1362(e).) The Order on this Motion will not be effective “until proof of service of a copy of the signed order on [Plaintiff] has been filed with the court.” (Id.)

Plaintiff’s Counsel is ordered to give notice.

Case Number: 19STLC06967    Hearing Date: January 05, 2021    Dept: 25

HEARING DATE: Tue., January 5, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Johnson v. Burgerm Group USA, Inc. COMP. FILED: 07-29-19

CASE NUMBER: 19STLC06967 DISC. C/O: 12-26-20

NOTICE: OK MOTION C/O: 01-10-21

TRIAL DATE: 01-25-21

PROCEEDINGS: MOTION TO CONTINUE NON-JURY TRIAL AND RELATED DATES

MOVING PARTY: Plaintiff Eric Johnson

RESP. PARTY: None

MOTION TO CONTINUE TRIAL

(CRC, Rule 3.1332)

TENTATIVE RULING:

Plaintiff Eric Johnson’s Motion to Continue Trial is GRANTED. Trial is continued to JUNE 3, 2021 AT 8:30 A.M. in Department 25 at the SPRING STREET COURTHOUSE. Motion and discovery cut-off dates are to follow the new trial date.

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 December 31, 2020 [ ] Late [X] None

REPLY: None filed as of December 31, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On July 29, 2019, Plaintiff Eric Johnson (“Plaintiff”) filed an action for breach of contract and common counts against Defendant Burgerm Group USA, Inc. (“Defendant”). Defendant filed an Answer on September 4, 2019. On June 22, 2020, this Court granted Defendant’s counsel’s motion to be relieved as counsel. (6/22/20 Minute Order.)

On July 24, 2020, Plaintiff’s counsel filed a motion to be relieved as counsel, which is scheduled to be heard on January 26, 2021. Plaintiff also filed the instant Motion to Continue Non-Jury Trial and Related Dates (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard & Discussion

Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. (Cal. Rules of Court, rule 3.1332, subd. (c).) The Court may grant a continuance only on an affirmative showing of good cause requiring the continuance. (Id.) The Court may look to the following factors in determining whether a trial continuance is warranted: (1) proximity of the trial date; (2) whether there was any previous continuance of trial due to any party; (3) the length of the continuance requested; (4) the availability of alternative means to address the problem that gave rise to the motion; (5) the prejudice that parties or witnesses will suffer as a result of the continuance; and (6) whether trial counsel is engaged in another trial. (See generally, Cal. Rules of Court, rule 3.1332, subd. (d)(1)-(11).) Additionally, factors for the Court to consider include: a party’s excused inability to obtain essential testimony, documents, or other material evidence despite diligent efforts; the proximity of the trial date; whether all parties have stipulated to a continuance; and any other fact or circumstance relevant to the fair determination of the motion or application. (Cal. Rules of Court, rule 3.1332(c), (d).)

Plaintiff has demonstrated good cause for a trial continuance. Plaintiff’s counsel explains she filed a motion to be relieved as counsel and that, although she reserved the earliest date available for the motion to be relieved, it is still after the currently scheduled January 25, 2021 trial date. (Mot., p. 3:7-20, Manahan Decl., ¶ 2.) Plaintiff’s counsel argues a continuance is necessary as Plaintiff will need additional time to obtain new counsel, should he choose to do so, and to prepare for trial. (Id.) She further explains her office attempted to obtain a stipulation from Defendant to continue the trial but was unable to reach Defendant. (Id. at ¶ 3.) Notably, the trial date has not previously been continued and Defendant has not opposed this Motion.

  1. Conclusion & Order

Based on the foregoing, Plaintiff Eric Johnson’s Motion to Continue Trial is GRANTED. Trial is continued to JUNE 3, 2021 AT 8:30 A.M.

Moving party is ordered to give notice.

Case Number: 19STLC06967    Hearing Date: June 22, 2020    Dept: 25

MOTION TO BE RELIEVED AS COUNSEL   

(CCP § 284(2); CRC rule 3.1362)

TENTATIVE RULING:

Defendant’s Counsel Niv. Davidovich’s Motion to be Relieved as Counsel is GRANTED and the proposed order will be signed at the hearing. “After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.”  (Cal. Rules of Court, rule 3.1362(e).) Defendant] has been filed with the court.”  (Id.)

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 June 17, 2020 [   ] Late [X] None

REPLY: None filed as of June 17, 2020 [   ] Late [X] None

ANALYSIS:

  1. Background

On July 29, 2019, Plaintiff Eric Johnson (“Plaintiff”) filed an action for breach of contract and common counts against Defendant Burgerim Group USA, Inc. (“Defendant”). On September 4, 2019, Defendant filed an Answer.

On January 9, 2019, Defendant’s counsel Niv. V. Davidovich (“Counsel”) filed the instant Motion to be Relieved as Counsel (the “Motion”). On May 20, 2020, the Court changed the hearing time for the Motion, from 10:30 a.m. to 8:30 a.m., and noted that the parties may appear via CourtCall. (5/20/20 Notice re Continuance of Hearing and Order.) The Court also ordered Plaintiff to give notice of the change and file a proof of service demonstrating such compliance. (Id.)

To date, no opposition to the Motion has been filed.

  1. Legal Standard

(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.

  1. Discussion

Id.)

The Court is satisfied with Counsel’s reasons for seeking to be relieved and finds that he has satisfied the requirements of California Rules of Court, rule 3.1362, subdivision (a), and (c)-(e). In addition, trial is scheduled for January 25, 2021, giving Defendant sufficient time to obtain new counsel should it wish to continue defending this action.

Thus, the unopposed Motion is GRANTED.

  1. Conclusion & Order

For the foregoing reasons, Defendant’s Counsel Niv. Davidovich’s Motion to be Relieved as Counsel is GRANTED and the proposed order will be signed at the hearing. “After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.”  (Cal. Rules of Court, rule 3.1362(e).) Defendant] has been filed with the court.”  (Id.)

Defendant’s Counsel is ordered to give notice.

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