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This case was last updated from Los Angeles County Superior Courts on 06/13/2021 at 06:15:04 (UTC).

GREEN SOLAR TECH CALIFORNIA, INC. VS KEN MOSER

Case Summary

On 06/04/2020 GREEN SOLAR TECH CALIFORNIA, INC filed a Personal Injury - Other Personal Injury lawsuit against KEN MOSER. 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:

    *******4711

  • Filing Date:

    06/04/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

GREEN SOLAR TECH CALIFORNIA INC.

Defendant

MOSER KEN

Attorney/Law Firm Details

Plaintiff Attorneys

ITO KEN

STANLEY TREVOR

 

Court Documents

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

6/4/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Substitution of Attorney - Substitution of Attorney

2/5/2021: Substitution of Attorney - Substitution of Attorney

Substitution of Attorney - Substitution of Attorney

4/2/2021: Substitution of Attorney - Substitution of Attorney

Proof of Service by Mail - Proof of Service by Mail

5/3/2021: Proof of Service by Mail - Proof of Service by Mail

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

5/3/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Reply (name extension) - Reply TO PLAINTIFFS OPPOSITION TO MOTION TO TRANSFER TO SAN DIEGO

5/3/2021: Reply (name extension) - Reply TO PLAINTIFFS OPPOSITION TO MOTION TO TRANSFER TO SAN DIEGO

Substitution of Attorney - Substitution of Attorney

5/13/2021: Substitution of Attorney - Substitution of Attorney

Minute Order - Minute Order (Hearing on Motion for Change of Venue)

5/18/2021: Minute Order - Minute Order (Hearing on Motion for Change of Venue)

Opposition (name extension) - Opposition to Plaintiff's Motion to Change Venue

12/17/2020: Opposition (name extension) - Opposition to Plaintiff's Motion to Change Venue

Memorandum of Points & Authorities - Memorandum of Points & Authorities

7/7/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Motion for Change of Venue - Motion for Change of Venue

7/7/2020: Motion for Change of Venue - Motion for Change of Venue

Declaration (name extension) - Declaration Declaration of Defendant

7/7/2020: Declaration (name extension) - Declaration Declaration of Defendant

First Amended Standing Order - First Amended Standing Order

6/4/2020: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

6/4/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

6/4/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

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

6/4/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

4 More Documents Available

 

Docket Entries

  • 06/08/2023
  • Hearing06/08/2023 at 08:30 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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  • 12/02/2021
  • Hearing12/02/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 06/04/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: Ken Moser (Defendant); As to: Green Solar Tech California, Inc. (Plaintiff)

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  • 05/18/2021
  • DocketUpdated -- Motion for Change of Venue: Filed By: Ken Moser (Defendant); Result: Granted; Result Date: 05/18/2021

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  • 05/18/2021
  • DocketMinute Order (Hearing on Motion for Change of Venue)

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  • 05/18/2021
  • DocketHearing on Motion for Change of Venue scheduled for 05/18/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 05/18/2021; Result Type to Held - Motion Granted

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  • 05/13/2021
  • DocketSubstitution of Attorney; Filed by: Green Solar Tech California, Inc. (Plaintiff)

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  • 05/03/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: Ken Moser (Defendant); As to: Green Solar Tech California, Inc. (Plaintiff)

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  • 05/03/2021
  • DocketProof of Service by Mail; Filed by: Ken Moser (Defendant); As to: Green Solar Tech California, Inc. (Plaintiff)

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  • 05/03/2021
  • DocketReply TO PLAINTIFF?S OPPOSITION TO MOTION TO TRANSFER TO SAN DIEGO; Filed by: Ken Moser (Defendant)

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6 More Docket Entries
  • 07/07/2020
  • DocketHearing on Motion for Change of Venue scheduled for 01/04/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 07/07/2020
  • DocketDeclaration Declaration of Defendant; Filed by: Ken Moser (Defendant)

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  • 07/07/2020
  • DocketMemorandum of Points & Authorities; Filed by: Ken Moser (Defendant)

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  • 06/05/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/08/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 06/05/2020
  • DocketNon-Jury Trial scheduled for 12/02/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 06/05/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 06/04/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 06/04/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/04/2020
  • DocketCivil Case Cover Sheet; Filed by: Green Solar Tech California, Inc. (Plaintiff); As to: Ken Moser (Defendant)

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  • 06/04/2020
  • DocketComplaint; Filed by: Green Solar Tech California, Inc. (Plaintiff); As to: Ken Moser (Defendant)

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Tentative Rulings

Case Number: 20STLC04711    Hearing Date: May 18, 2021    Dept: 25

PROCEEDINGS: MOTION TO TRANSFER TO SAN DIEGO SUPERIOR COURT

MOVING PARTY: Defendant Kenneth Moser, in pro per

RESP. PARTY: Plaintiff Green Solar Tech California, Inc.

MOTION FOR CHANGE OF VENUE

(CCP §§ 395, 396)

TENTATIVE RULING:

Defendant Kenneth Moser’s Motion to Transfer to San Diego Superior Court is GRANTED.

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 December 17, 2020 [ ] Late [ ] None

REPLY: Filed on May 3, 2021 [ ] Late [ ] None

ANALYSIS:

I. Background

On June 4, 2020, Plaintiff Green Solar Tech California, Inc. (“Plaintiff”) filed an action against Defendant Ken Moser (“Defendant”).

Defendant filed the instant Motion to Transfer to San Diego Superior Court (the “Motion”), in pro per, on July 7, 2020. Plaintiff filed an opposition on December 17, 2020 and Defendant filed a reply brief on May 3, 2021.

II. Legal Standard

“Except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings as provided in this title, the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action.” (Code Civ. Proc., § 395, subd. (a).)

“[I]f an action or proceeding is commenced in a court having jurisdiction over the subject matter thereof, other than the court designated as the proper court for the trial thereof, under this title, the action may, notwithstanding, be tried in the court where commenced, unless the defendant, at the time he or she answers…or at his or her option, without answering…and within the time otherwise allowed to respond to the complaint, files with the clerk, a notice of motion for an order transferring the action or proceeding to the proper court, together with a proof of service, upon the adverse party, or a copy of those papers.” (Code Civ. Proc., § 396b, subd. (a).) If, at the hearing, it appears that the action was not brought in the proper court, the action will be transferred to the proper court. (Id.)

III. Discussion

Plaintiff’s Complaint arises out of Defendant’s alleged illegal recording of telephone conversations between the parties. (Compl., ¶¶ 7-11.) As to venue, Plaintiff’s Complaint alleges the following: “This Court is the proper forum for the adjudication of this action pursuant to California Civil Procedure Code Section 395(a).” (Id. at ¶ 6.) As to Defendant Moser, Plaintiff only alleges that he is an “individual in the State of California.” (Id. at ¶ 2.)

Defendant seeks to transfer this action to San Diego Superior Court. (Mot., p. 2.) He provides his declaration attesting that, at all relevant times, he has lived at 11280 Spica Drive, San Diego, CA 92126. (Mot., Moser Decl., ¶¶1-2.)

Plaintiff opposes this Motion citing Section 395, subdivision (a), and arguing the injury complained of occurred in Los Angeles County. (Oppo., p. 3.) Plaintiff relies on the following provision of Section 395: “If the action is for injury to the person or personal property or for death from wrongful act or negligence, the superior court in either county where the injury occurs or the injury causing death occurs or the county where the defendants, or some of them reside at the commencement of the action, is a proper court for the trial of the action.”

However, that provision is inapplicable. Here, no personal injury is alleged. Plaintiff only seeks statutory damages arising from several allegedly illegally recorded phone calls. Thus, the county where Defendant resides is the proper venue for this action. Accordingly, Defendant’s Motion is GRANTED.

IV. Conclusion & Order

For the foregoing reasons, Defendant Kenneth Moser’s Motion to Transfer to San Diego Superior Court is GRANTED.

Moving party is ordered to give notice.

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