This case was last updated from Los Angeles County Superior Courts on 10/18/2020 at 08:41:29 (UTC).

JORDAN RANDALL VS SEANN DUFF

Case Summary

On 11/08/2018 JORDAN RANDALL filed a Contract - Other Contract lawsuit against SEANN DUFF. 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 Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3884

  • Filing Date:

    11/08/2018

  • Case Status:

    Disposed - Judgment Entered

  • 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

RANDALL JORDAN

Defendants

DUFF SEANN

DUFF SEAN

KETTLE BLACK ENTERPRISES LLC

CEDAR ROOM CORP.

JMILLI INC.

Attorney/Law Firm Details

Plaintiff Attorney

MEAGLIA RICHARD WILLIAM

 

Court Documents

Substitution of Attorney - Substitution of Attorney

7/8/2020: Substitution of Attorney - Substitution of Attorney

Proof of Personal Service - Proof of Personal Service

6/9/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

6/9/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

6/9/2020: Proof of Personal Service - Proof of Personal Service

Notice (name extension) - Notice of Continuance

6/17/2020: Notice (name extension) - Notice of Continuance

Notice of Motion - Notice of Motion

11/22/2019: Notice of Motion - Notice of Motion

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

3/17/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Writ of Execution - Writ of Execution (Los Angeles)

7/11/2019: Writ of Execution - Writ of Execution (Los Angeles)

Judgment - Judgment - Default Judgment By Court - Before Trial - 06/06/2019 entered for Plaintiff Jordan Randall against Defendant Sean Duff.

6/6/2019: Judgment - Judgment - Default Judgment By Court - Before Trial - 06/06/2019 entered for Plaintiff Jordan Randall against Defendant Sean Duff.

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

4/22/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Dismissal - Request for Dismissal

4/22/2019: Request for Dismissal - Request for Dismissal

Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

4/22/2019: Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

Proof of Personal Service - Proof of Personal Service

3/15/2019: Proof of Personal Service - Proof of Personal Service

Complaint - Complaint

11/8/2018: Complaint - Complaint

Summons - Summons on Complaint

11/8/2018: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

11/8/2018: Civil Case Cover Sheet - Civil Case Cover Sheet

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

11/8/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

11/8/2018: First Amended Standing Order - First Amended Standing Order

7 More Documents Available

 

Docket Entries

  • 03/01/2021
  • Hearing03/01/2021 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion for Order (name extension)

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  • 08/17/2020
  • DocketHearing on Motion for Order Motion for Order Charging the Interest of Judgment scheduled for 03/01/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 08/17/2020
  • DocketPursuant to the request of moving party, Hearing on Motion for Order Motion for Order Charging the Interest of Judgment scheduled for 08/18/2020 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Rescheduled by Party was rescheduled to 03/01/2021 10:00 AM

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  • 07/08/2020
  • DocketSubstitution of Attorney; Filed by: Jordan Randall (Plaintiff)

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  • 06/17/2020
  • DocketNotice of Continuance; Filed by: Jordan Randall (Plaintiff); As to: Sean Duff (Defendant)

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  • 06/09/2020
  • DocketProof of Personal Service; Filed by: Jordan Randall (Plaintiff); As to: JMilli Inc. (Defendant); Cedar Room Corp. (Defendant); Kettle Black Enterprises LLC (Defendant); Service Date: 12/06/2019; Service Cost: 50.00; Service Cost Waived: No

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  • 06/09/2020
  • DocketProof of Personal Service; Filed by: Jordan Randall (Plaintiff); As to: Kettle Black Enterprises LLC (Defendant); Service Date: 12/06/2019; Service Cost: 50.00; Service Cost Waived: No

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  • 06/09/2020
  • DocketProof of Personal Service; Filed by: Jordan Randall (Plaintiff); As to: Cedar Room Corp. (Defendant); Service Date: 12/06/2019; Service Cost: 50.00; Service Cost Waived: No

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  • 03/23/2020
  • DocketNotice of Continuance; Filed by: Jordan Randall (Plaintiff); As to: Sean Duff (Defendant)

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  • 03/17/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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15 More Docket Entries
  • 03/15/2019
  • DocketProof of Personal Service; Filed by: Jordan Randall (Plaintiff); As to: Seann Duff (Defendant); Service Date: 03/12/2019; Service Cost Waived: No

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  • 02/04/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 11/15/2018
  • DocketNon-Jury Trial scheduled for 05/07/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/15/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/12/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/08/2018
  • DocketComplaint; Filed by: Jordan Randall (Plaintiff); As to: Seann Duff (Defendant)

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  • 11/08/2018
  • DocketCivil Case Cover Sheet; Filed by: Jordan Randall (Plaintiff)

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  • 11/08/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 11/08/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/08/2018
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 11/08/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 18STLC13884    Hearing Date: August 18, 2020    Dept: 25

HEARING DATE: Tue., August 18, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Randall v. Duff COMPL. FILED: 11-08-18

CASE NUMBER: 18STLC13884 DEFAULT: 04-22-19

NOTICE: NO DEF. JDGMT: 06-06-19

PROCEEDINGS: MOTION FOR (1) ORDER CHARGING THE INTEREST OF JUDGMENT DEBTOR SEAN DUFF; AND (2) ADDING NIGHT MOVES, LLC AS A JUDGMENT DEBTOR

MOVING PARTY: Judgment Creditor Jordan Randall

RESP. PARTY: None

MOTION FOR CHARGING ORDER

(CCP § 708.310)

MOTION TO AMEND JUDGMENT

(CCP § 187)

TENTATIVE RULING:

Judgment Creditor Jordan Randall’s Motion for (1) Order Charging the Interest of Judgment Debtor Sean Duff and (2) Adding Night Moves, LLC as a Judgment Debtor is CONTINUED TO OCTOBER 26, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Judgment Creditor must file and serve supplemental papers addressing the deficiencies noted herein. Judgment Debtor must also pay one additional filing fee. Failure to do so may result in the Motion being placed off calendar.

SERVICE:

[ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO

[ ] Correct Address (CCP §§ 1013, 1013a) NO

[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: None filed as of August 14, 2020 [ ] Late [X] None

REPLY: None filed as of August 14, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On November 8, 2018, Judgment Creditor Jordan Randall (“Judgment Creditor”) filed an action for breach of contract, common counts, fraud, and negligent misrepresentation against Judgment Debtor Sean Duff (“Judgment Debtor”). On April 22, 2019, default was entered against Defendant, and on June 6, 2019, the Court entered a default judgment in the amount of $21,450.00. (6/6/19 Judgment.)

On November 22, 2019, Plaintiff filed the instant Motion for (1) Order Charging the Interest of Judgment Debtor Sean Duff and (2) Adding Night Loves, LLC as a Judgment Debtor (the “Motion”). To date, no opposition has been filed.

A. Service of the Moving Papers

As an initial matter, the Court notes that Judgment Creditor has not demonstrated Judgment Debtor was properly served with this Motion. Specifically, the Proof of Service states that only the “Notice of Motion” was served. (Mot., Proof of Service.) Code of Civil Procedure section 1013a requires that the proof of service “set forth the exact title of the document served and filed in the cause.” (Code Civ. Proc., § 1013a, subds. (1)-(3).) Thus, the Court cannot find Judgment Debtor was properly served with all moving and supporting papers.

B. Filing Fees

Judgment Creditor also seeks two different court orders, but has only paid one filing fee. Judgment Creditor’s request for relief filed as one motion negatively impacts the Court’s calendar by placing more motions on calendar than slots have been provided by the online reservation system. In addition, combining motions allows the moving party to avoid paying the requisite filing fees. Statutorily required filing fees are jurisdictional and “it is mandatory for the court clerks to demand and receive statutorily required filing fees.” (See Duran v. St. Luke’s Hospital (2003) 114 Cal.App.4th 457, 460.)

Accordingly, Judgment Creditor is ordered to pay one additional filing fee.

  1. Conclusion & Order

For the foregoing reasons, Judgment Creditor Jordan Randall’s Motion for (1) Order Charging the Interest of Judgment Debtor Sean Duff and (2) Adding Night Moves, LLC as a Judgment Debtor is CONTINUED TO OCTOBER 26, 2020 at 11:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Judgment Creditor must file and serve supplemental papers addressing the deficiencies noted herein. Judgment Debtor must also pay one additional filing fee. Failure to do so may result in the Motion being placed off calendar.

Moving party is ordered to give notice.