This case was last updated from Los Angeles County Superior Courts on 08/25/2020 at 07:44:22 (UTC).

INGLEWOOD CROSSROADS HOMEOWNERS ASSOCIATION, INC. VS BOBBIE WILLS

Case Summary

On 08/06/2018 INGLEWOOD CROSSROADS HOMEOWNERS ASSOCIATION, INC filed a Contract - Other Contract lawsuit against BOBBIE WILLS. 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.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0317

  • Filing Date:

    08/06/2018

  • 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

JON R. TAKASUGI

 

Party Details

Plaintiff

INGLEWOOD CROSSROADS HOMEOWNERS ASSOCIATION INC.

Defendant

WILLS BOBBIE

Attorney/Law Firm Details

Plaintiff Attorney

WATSON JOSEPH CHARLES

 

Court Documents

Answer - Answer

8/14/2018: Answer - Answer

Reply (name extension) - Reply Support of Motion to Quash

8/12/2020: Reply (name extension) - Reply Support of Motion to Quash

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

8/21/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

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

8/21/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Proof of Service by Mail - Proof of Service by Mail

4/21/2020: Proof of Service by Mail - Proof of Service by Mail

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

4/15/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

4/15/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Minute Order - Minute Order (Non-Jury Trial)

2/3/2020: Minute Order - Minute Order (Non-Jury Trial)

Motion re: (name extension) - Motion re: To Quash Answer Fraudulently Signed and Filed

2/14/2020: Motion re: (name extension) - Motion re: To Quash Answer Fraudulently Signed and Filed

Witness List - Witness List

1/27/2020: Witness List - Witness List

Exhibit List - Exhibit List

1/27/2020: Exhibit List - Exhibit List

Order on Court Fee Waiver (Superior Court)

8/14/2018: Order on Court Fee Waiver (Superior Court)

Proof of Service (not Summons and Complaint)

8/13/2018: Proof of Service (not Summons and Complaint)

Proof of Service by Substituted Service

8/10/2018: Proof of Service by Substituted Service

Civil Case Cover Sheet

8/6/2018: Civil Case Cover Sheet

Summons - on Complaint

8/6/2018: Summons - on Complaint

Complaint

8/6/2018: Complaint

7 More Documents Available

 

Docket Entries

  • 08/09/2021
  • Hearing08/09/2021 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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  • 08/24/2020
  • DocketUpdated -- Answer: Result: Stricken; Result Date: 08/24/2020; As To Parties: removed

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  • 08/21/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: Inglewood Crossroads Homeowners Association, Inc. (Plaintiff); As to: Bobbie Wills (Defendant)

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  • 08/21/2020
  • DocketProof of Service (not Summons and Complaint); Filed by: Inglewood Crossroads Homeowners Association, Inc. (Plaintiff); As to: Bobbie Wills (Defendant)

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  • 08/12/2020
  • DocketReply Support of Motion to Quash; Filed by: Inglewood Crossroads Homeowners Association, Inc. (Plaintiff)

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  • 04/21/2020
  • DocketProof of Service by Mail; Filed by: Inglewood Crossroads Homeowners Association, Inc. (Plaintiff); As to: Bobbie Wills (Defendant)

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  • 04/15/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/15/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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  • 04/15/2020
  • DocketReset - Court Unavailable, Status Conference Re: Status of the Case scheduled for 04/21/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 08/24/2020 09:30 AM

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  • 04/15/2020
  • DocketReset - Court Unavailable, Hearing on Motion to Quash Motion to Quash Answer as evidence emerged in court that the Answer was not signed by Defendant, but was fraudulently signed by her daughter, Mary Wills, without permission. scheduled for 05/21/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 08/24/2020 09:30 AM

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10 More Docket Entries
  • 08/14/2018
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Bobbie Wills (Defendant)

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  • 08/13/2018
  • DocketProof of Service (not Summons and Complaint); Filed by: Inglewood Crossroads Homeowners Association, Inc. (Plaintiff); As to: Bobbie Wills (Defendant)

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  • 08/10/2018
  • DocketProof of Service by Substituted Service; Filed by: Inglewood Crossroads Homeowners Association, Inc. (Plaintiff); As to: Bobbie Wills (Defendant); Proof of Mailing Date: 08/06/2018; Service Cost: 50.00; Service Cost Waived: No

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  • 08/06/2018
  • DocketComplaint; Filed by: Inglewood Crossroads Homeowners Association, Inc. (Plaintiff); As to: Bobbie Wills (Defendant)

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  • 08/06/2018
  • DocketCivil Case Cover Sheet; Filed by: Inglewood Crossroads Homeowners Association, Inc. (Plaintiff)

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  • 08/06/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/06/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/06/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 08/06/2018
  • DocketNon-Jury Trial scheduled for 02/03/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/06/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 08/09/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC10317    Hearing Date: August 24, 2020    Dept: 25

HEARING DATE: Mon., August 24, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Inglewood Crossroads Homeowners Assn., Inc. v. Wills

CASE NUMBER: 18STLC10317 COMP. FILED: 08-06-18

NOTICE: NO (for continued hearing) DISC. C/O: NONE

MOTION C/O: NONE

TRIAL DATE: NOT SET

PROCEEDINGS: MOTION TO QUASH THE ANSWER FILED IN THIS MATTER ON THE GROUND THAT IT WAS FRAUDULENTLY SIGNED WITHOUT THE PERMISSION OF DEFENDANT

MOVING PARTY: Plaintiff Inglewood Crossroads Homeowners Association, Inc.

RESP. PARTY: None

MOTION TO QUASH ANSWER

(CCP § ?? )

TENTATIVE RULING:

Plaintiff Inglewood Crossroads Homeowners Association, Inc.’s Motion to Quash Answer is DENIED.

However, provided that Plaintiff files a signed proof of service before the hearing demonstrating Defendant was appraised of the April 15th continuance, Defendant is ordered to appear at the hearing and be prepared to discuss the authenticity of the signature on the Answer filed with the Court. Otherwise, the Court will set an OSC re: Authenticity of Signature on Answer for OCTOBER 28, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

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 August 20, 2020 [ ] Late [X] None

REPLY: Filed on August 12, 2020 [ ] Late [ ] None

ANALYSIS:

  1. Background

On August 6, 2018, Plaintiff Inglewood Crossroads Homeowners Association, Inc. (“Plaintiff”) filed an action for breach of contract and common counts against Defendant Bobbie Wills (“Defendant”). On August 14, 2018, Defendant filed an Answer, in pro per.

A non-jury trial was scheduled for February 3, 2020. Defendant did not appear at the hearing, but her daughter Mary Wills (“Ms. Wills”) appeared on her behalf. (2/3/20 Minute Order.) Ms. Wills represented to the Court that her mother was medically incapacitated and was unable to make any court appearances. (Id.) The Court placed the trial off calendar and ordered the parties to meet and confer with a mediator prior to the next court appearance. (Id.) The Court also scheduled a Status Conference re: Status of the Case for April 21, 2020, and ordered Defendant to produce proof of medical diagnosis from her health care provider at the next hearing. (Id.)

On February 14, 2020, Plaintiff filed the instant Motion to Quash the Answer Filed in this Matter on the Ground that it was Fraudulently Signed without Permission of Defendant (the “Motion”), which was originally scheduled for May 21, 2020.

On the Court’s own motion, the Status Conference and hearing on the Motion were both continued to August 24, 2020 at 9:30 a.m. (4/15/20 Notices re Continuance of Hearing and Order.) Plaintiff was ordered to give notice of the continuance and file a proof of service demonstrating it gave such notice. (Id.) On April 21, 2020, Plaintiff filed an unsigned proof of service for the continuances. (4/21/20 Proof of Service.)

To date, no opposition has been filed.

  1. Legal Standard & Discussion

Code of Civil Procedure section 187 provides:

“When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code.”

Relying on Section 187, Plaintiff argues Defendant’s Answer should be quashed because it was signed by Defendant’s daughter, Ms. Wills, without permission, (Mot., pp. 1-2) but cites no case law applying or interpreting Section 187 in the way Plaintiff proposes. However, the Court notes that Code of Civil Procedure section 128.7 requires that every pleading be “signed by at least one attorney of record in the attorney’s individual name, or, if the party is not represented by an attorney, shall be signed by the party.” (Code Civ. Proc., § 128.7, subd. (a).) (Italics added.) If the Answer is not drawn and filed in conformity therewith, the Court may strike the pleading on its own motion. (Code Civ. Proc., § 436, subd. (a).)

As evidence that the Answer was fraudulently signed, Plaintiff provides a declaration from Joseph Watson, Plaintiff’s counsel, and Benjamin Hyles, Plaintiff’s witness. Both state that following the February 3, 2020 hearing, they met with Ms. Wills in the Court’s conference room, where she admitted to signing Defendant’s name on the Answer. (Mot., Watson Decl., ¶ 4, Hyles Decl., ¶ 4.)

Plaintiff also argues that Ms. Wills admitted in Court that she had previously signed Defendant’s name on payment plan documents for money owed to Plaintiff. (Mot., p. 3:2-10.) However, the Court’s minute order reflects no such admission. (See 2/3/20 Minute Order.) Plaintiff further argues that because Ms. Wills admitted to signing the payment plan, and because the signatures on the payment plan and the Answer are so similar, it follows that the Answer was also signed by Ms. Wills. (Mot., p. 3:21-23; Watson Decl., ¶ 5, Exh. 5.) Notably, the signature on the payment plan copy is an electronic signature, while the signature on the Answer is not. (See Answer, Mot., Exh. 2.) In any case, the Court does not make a finding regarding the signatures at this time.

However, in light of Plaintiff’s evidence, the Court finds there may be a question as to whether Defendant herself signed the Answer on file. Provided that Plaintiff files a signed proof of service demonstrating Defendant was given proper notice of the April 15th continuance, Defendant must appear at the hearing and be prepared to discuss whether she personally signed the Answer on file with the Court. Otherwise, the Court will set an OSC re: Authenticity of Signature on Answer for oCTOBER 28, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Inglewood Crossroads Homeowners Association, Inc.’s Motion to Quash Answer is DENIED.

However, provided that Plaintiff files a signed proof of service before the hearing demonstrating Defendant was appraised of the April 15th continuance, Defendant is ordered to appear at the hearing and be prepared to discuss the authenticity of the signature on the Answer filed with the Court. Otherwise, the Court will set an OSC re: Authenticity of Signature on Answer for OCTOBER 28, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

Moving party is ordered to give notice.