This case was last updated from Los Angeles County Superior Courts on 10/11/2021 at 01:36:12 (UTC).

ERNESTO DEJESUS NOL VS ROSA LILIA ALEJO LOPEZ, ET AL.

Case Summary

On 10/22/2020 ERNESTO DEJESUS NOL filed a Contract - Debt Collection lawsuit against ROSA LILIA ALEJO LOPEZ. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is ANN H. PARK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6577

  • Filing Date:

    10/22/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Debt Collection

  • County, State:

    Los Angeles, California

Judge Details

Judge

ANN H. PARK

 

Party Details

Plaintiff and Cross Defendant

NOL ERNESTO DEJESUS

Defendants and Cross Plaintiffs

GALLO EDUARDO

LOPEZ ROSA LILIA ALEJO

Attorney/Law Firm Details

Defendant Attorney

OSUNA CLAUDIA CECILIA

Other Attorneys

ROSIAK RICHARD

 

Court Documents

Minute Order - Minute Order (Trial Setting Conference; Hearing on Motion to Expunge Lis Pe...)

10/5/2021: Minute Order - Minute Order (Trial Setting Conference; Hearing on Motion to Expunge Lis Pe...)

Opposition (name extension) - Opposition Plaintiff Ernesto Jesus Nols' Opposition To Demurrer

9/27/2021: Opposition (name extension) - Opposition Plaintiff Ernesto Jesus Nols' Opposition To Demurrer

Opposition (name extension) - Opposition Plaintiff Ernesto De Jesus Nols' Opposition To The Motion To Expunge Notice of Pendency of Action

9/27/2021: Opposition (name extension) - Opposition Plaintiff Ernesto De Jesus Nols' Opposition To The Motion To Expunge Notice of Pendency of Action

Minute Order - Minute Order (Trial Setting Conference)

8/24/2021: Minute Order - Minute Order (Trial Setting Conference)

Notice (name extension) - Notice of TSC

6/30/2021: Notice (name extension) - Notice of TSC

Certificate of Mailing for - Certificate of Mailing for (Court Order Re Reassignment to Limited Civil Non-Collections Hub) of 06/18/2021

6/18/2021: Certificate of Mailing for - Certificate of Mailing for (Court Order Re Reassignment to Limited Civil Non-Collections Hub) of 06/18/2021

Minute Order - Minute Order (Court Order Re Reassignment to Limited Civil Non-Collections Hub)

6/18/2021: Minute Order - Minute Order (Court Order Re Reassignment to Limited Civil Non-Collections Hub)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Expunge Lis Pendens; Hearing on Demurrer...) of 06/15/2021

6/15/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Expunge Lis Pendens; Hearing on Demurrer...) of 06/15/2021

Minute Order - Minute Order (Hearing on Motion to Expunge Lis Pendens; Hearing on Demurrer...)

6/15/2021: Minute Order - Minute Order (Hearing on Motion to Expunge Lis Pendens; Hearing on Demurrer...)

Minute Order - Minute Order (Hearing on Motion to Expunge Lis Pendens; Hearing on Demurrer...)

4/22/2021: Minute Order - Minute Order (Hearing on Motion to Expunge Lis Pendens; Hearing on Demurrer...)

Substitution of Attorney - Substitution of Attorney

2/25/2021: Substitution of Attorney - Substitution of Attorney

Substitution of Attorney - Substitution of Attorney

2/25/2021: Substitution of Attorney - Substitution of Attorney

Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

1/8/2021: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Opposition (name extension) - Opposition Plaintiff's Opposition To Demurrer and Demurrer of Eduardo Gallo and Rosa Lilia Alejo Lopez To Plaintiff's Complaint; and Request That All Matters Be Heard on

1/4/2021: Opposition (name extension) - Opposition Plaintiff's Opposition To Demurrer and Demurrer of Eduardo Gallo and Rosa Lilia Alejo Lopez To Plaintiff's Complaint; and Request That All Matters Be Heard on

Proof of Service by Mail - Proof of Service by Mail

1/4/2021: Proof of Service by Mail - Proof of Service by Mail

Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

1/5/2021: Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

1/5/2021: Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

Demurrer - without Motion to Strike - Plaintiff and Cross-Defendant Ernesto Nols' Demurrer to Cross-Complaint for Breach of Contract and Fraud

12/22/2020: Demurrer - without Motion to Strike - Plaintiff and Cross-Defendant Ernesto Nols' Demurrer to Cross-Complaint for Breach of Contract and Fraud

20 More Documents Available

 

Docket Entries

  • 10/05/2021
  • DocketMinute Order (Trial Setting Conference; Hearing on Motion to Expunge Lis Pe...)

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  • 10/05/2021
  • DocketTrial Setting Conference scheduled for 10/05/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Court on 10/05/2021

    Read MoreRead Less
  • 10/05/2021
  • DocketHearing on Motion to Expunge Lis Pendens scheduled for 10/05/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Court on 10/05/2021

    Read MoreRead Less
  • 10/05/2021
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 10/05/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Court on 10/05/2021

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  • 10/05/2021
  • DocketHearing on Demurrer - without Motion to Strike as to the Cross-Complaint scheduled for 10/05/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Court on 10/05/2021

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  • 09/27/2021
  • DocketOpposition Plaintiff Ernesto De Jesus Nols' Opposition To The Motion To Expunge Notice of Pendency of Action; Filed by: Ernesto DeJesus Nol (Plaintiff)

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  • 09/27/2021
  • DocketOpposition Plaintiff Ernesto Jesus Nols' Opposition To Demurrer; Filed by: Ernesto DeJesus Nol (Plaintiff)

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  • 08/24/2021
  • DocketTrial Setting Conference scheduled for 10/05/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 08/24/2021
  • DocketHearing on Motion to Expunge Lis Pendens scheduled for 10/05/2021 at 10:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 08/24/2021
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 10/05/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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54 More Docket Entries
  • 10/22/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/22/2020
  • DocketCase assigned to Hon. Ann H. Park in Department A Norwalk Courthouse

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  • 10/22/2020
  • DocketThe case is placed in special status of: Collections Case (CCP 3.740)

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  • 10/22/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Filed by: Clerk; As to: Ernesto DeJesus Nol (Plaintiff)

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  • 10/22/2020
  • DocketUpdated -- Order on Court Fee Waiver (Superior Court): Result: Granted; Result Date: 10/22/2020; As To Parties changed from Ernesto DeJesus Nol (Plaintiff) to Ernesto DeJesus Nol (Plaintiff)

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  • 10/22/2020
  • DocketUpdated -- Request to Waive Court Fees: Filed By: Ernesto DeJesus Nol (Plaintiff); Result: Granted; Result Date: 10/22/2020; As To Parties: removed

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  • 10/22/2020
  • DocketUpdated -- Order on Court Fee Waiver (Superior Court): As To Parties changed from Ernesto DeJesus Nol (Plaintiff) to Ernesto DeJesus Nol (Plaintiff); Status changed from Filed to Signed and Filed

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  • 10/22/2020
  • DocketComplaint; Filed by: Ernesto DeJesus Nol (Plaintiff); As to: Rosa Lilia Alejo Lopez (Defendant); Eduardo Gallo (Defendant)

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  • 10/22/2020
  • DocketCivil Case Cover Sheet; Filed by: Ernesto DeJesus Nol (Plaintiff); As to: Rosa Lilia Alejo Lopez (Defendant); Eduardo Gallo (Defendant)

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  • 10/22/2020
  • DocketRequest to Waive Court Fees; Filed by: Ernesto DeJesus Nol (Plaintiff)

    Read MoreRead Less

Tentative Rulings

b'

Case Number: 20NWLC26577 Hearing Date: October 5, 2021 Dept: 25

PROCEEDINGS: (1)\r\nDEMURRER TO PLAINTIFF’S COMPLAINT

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(2)\r\nMOTION TO EXPUNGE NOTICE OF PENDENCY OF ACTION

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MOVING PARTY: Defendants Eduardo Gallo and Rosa Lilia Alejo\r\n

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RESP. PARTY: Plaintiff Ernesto DeJesus Nol

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PROCEEDINGS: (3)\r\nDEMURRER TO CROSS-COMPLAINT

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MOVING PARTY: Plaintiff Ernesto DeJesus Nol

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RESP. PARTY: Defendants\r\nEduardo Gallo and Rosa Lilia Alejo

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DEMURRER

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(CCP § 430.10, et seq.)

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MOTION TO EXPUNGE LIS PENDENS

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(CCP § 405.30, et seq.)

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TENTATIVE RULING:

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The Demurrers and Motion to Expunge\r\nNotice of Pendency of Action are PLACED OFF CALENDAR.

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Because this\r\nlimited court does not have jurisdiction to issue declaratory relief as prayed\r\nfor in Plaintiff’s Complaint, the action is RECLASSIFIED as an unlimited\r\njurisdiction case and is transferred to the reclassification desk for\r\nreassignment.

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SERVICE: \r\n

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[X] Proof of Service Timely\r\nFiled (CRC, rule 3.1300) OK

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[X] Correct Address (CCP §§\r\n1013, 1013a) OK

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[X] 16/21 Court Days Lapsed\r\n(CCP §§ 12c, 1005(b)) OK

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Demurrer to Complaint

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OPPOSITION: Filed on January 4, 2021 [ ]\r\nLate [ ] None

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Filed\r\non September 27, 2021 [ ]\r\nLate [ ] None

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REPLY: None filed as\r\nof October 1, 2021 [ ]\r\nLate [X] None

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Demurrer to Cross-Complaint

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OPPOSITION: None filed as of October\r\n1, 2021 [ ] Late [X] None

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REPLY: None filed as\r\nof October 1, 2021 [ ]\r\nLate [X] None

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Motion to Expunge

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OPPOSITION: Filed on September 27,\r\n2021 [ ] Late [ ] None

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REPLY: None filed as\r\nof October 1, 2021 [ ]\r\nLate [X] None

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ANALYSIS:

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I. \r\nBackground\r\n& Discussion

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On October 22, 2020, Plaintiff Ernesto DeJesus Nol\r\n(“Plaintiff”) filed an action against Defendants Rosa Lilia Alejo (“Alejo”) and\r\nEduardo Gallo (“Gallo”) (collectively, “Defendants”) alleging breach of\r\ncontract and common counts causes of action and seeking damages and declaratory\r\nrelief. (Compl., p. 2.)

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Defendants filed the instant Demurrer to Plaintiff’s\r\nComplaint (the “Demurrer to Complaint”) and Motion to Expunge Notice of\r\nPendency of Action (the “Motion”), in pro per, on November 24, 2020. That same\r\nday, Defendants filed a Cross-Complaint alleging breach of contract, common\r\ncount, and fraud causes of action against Plaintiff.

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Plaintiff filed the instant Demurrer to the\r\nCross-Complaint on December 22, 2020. On January 4, 2021, Plaintiff filed an\r\nopposition to the Demurrer to the Complaint.

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At an initial January 8, 2021 hearing, the Honorable\r\nAndrew C. Kim in Department A at the Norwalk Courthouse continued the hearings\r\non both Demurrers to April 22, 2021. (1/8/21 Minute Order.)

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On February 25, 2021, Defendants filed a substitution of\r\nattorney demonstrating they were now being represented by attorney Claudia\r\nOsuna. (2/25/21 Substitutions of Attorney.)

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On April 22, all three of the instant motions came up for\r\nhearing. (4/22/21 Minute Order.) Plaintiff’s counsel advised he had not been\r\nserved with the Motion to Expunge, which was filed when Defendants were still\r\nself-represented. (Id.) Defendant’s counsel requested that the Demurrers\r\nbe allowed to go forward for better understanding of where the case stood for\r\npurposes of settlement discussions. (Id.) As to the Demurrer to the\r\nComplaint, the Court stated it would overrule as to all causes of action and as\r\nto the Demurrer to the Cross-Complaint, the Court would sustain with leave to\r\namend as to all causes of action. (Id.) Pursuant to the parties’ request,\r\nthe matter was continued so that the parties could discuss a settlement. (Id.)\r\n

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At the continued June 15 hearing, the Court found that\r\nthis was not a collections case and, on June 18, the case was assigned to this\r\nlimited jurisdiction Department. (6/15/21 Minute Order; 6/18/21 Minute Order.)

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On September 27, Plaintiff filed an opposition to the\r\nMotion to Expunge and a second opposition to the Demurrer to the Complaint.

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No reply briefs were filed.

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Before considering the merits of the Demurrers and Motion\r\nto Expunge, the Court notes that Plaintiff seeks declaratory relief. (Compl.,\r\np. 2.)

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Code of Civil Procedure section 580, subdivision (b)(4),\r\nprovides that “[d]eclaratory relief, except as authorized by section 86,” is\r\nnot permissible in a limited jurisdiction court.” Section 86 permits declaratory\r\nrelief when it is brought by way of cross-complaint or when sought to conduct a\r\ntrial after a nonbinding fee arbitration between an attorney and his client.\r\n(Code Civ. Proc., § 86, subd. (a)(7).) Neither applies here. Thus, this limited\r\ncourt does not have jurisdiction over the action.

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II. \r\nConclusion\r\n& Order

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For the foregoing reasons, the\r\nDemurrers and Motion to Expunge Notice of Pendency of Action are PLACED OFF\r\nCALENDAR.

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Because this\r\nlimited court does not have jurisdiction to issue declaratory relief as prayed\r\nfor in Plaintiff’s Complaint, the action is RECLASSIFIED as an unlimited jurisdiction\r\ncase and is transferred to the reclassification desk for reassignment.

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Moving parties are ordered to give\r\nnotice.

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