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This case was last updated from Los Angeles County Superior Courts on 12/08/2020 at 04:59:15 (UTC).

KEN KOURY VS FREEDOM FOREVER LLC, ET AL.

Case Summary

On 06/29/2020 KEN KOURY filed a Contract - Business lawsuit against FREEDOM FOREVER LLC. 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:

    *******5433

  • Filing Date:

    06/29/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Business

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

KOURY KEN

Defendants

FREEDOM FOREVER LLC

FREEDOM FOREVER CALIFORNIA LLC

DOES 1 THROUGH 20

Attorney/Law Firm Details

Defendant Attorney

ISEN JULIE

 

Court Documents

Demurrer - with Motion to Strike (CCP 430.10) - Demurrer - with Motion to Strike (CCP 430.10)

7/31/2020: Demurrer - with Motion to Strike (CCP 430.10) - Demurrer - with Motion to Strike (CCP 430.10)

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

7/31/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Proof of Personal Service - Proof of Personal Service

7/2/2020: Proof of Personal Service - Proof of Personal Service

Summons - Summons on Complaint

6/29/2020: Summons - Summons on Complaint

Complaint - Complaint

6/29/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

6/29/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

First Amended Standing Order - First Amended Standing Order

6/29/2020: First Amended Standing Order - First Amended Standing Order

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

6/29/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 07/03/2023
  • Hearing07/03/2023 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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  • 12/27/2021
  • Hearing12/27/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 07/31/2020
  • DocketDemurrer - without Motion to Strike; Filed by: FREEDOM FOREVER LLC (Defendant); FREEDOM FOREVER CALIFORNIA, LLC (Defendant)

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  • 07/31/2020
  • DocketDemurrer - with Motion to Strike (CCP 430.10); Filed by: FREEDOM FOREVER LLC (Defendant); FREEDOM FOREVER CALIFORNIA, LLC (Defendant)

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  • 07/02/2020
  • DocketProof of Personal Service; Filed by: KEN KOURY (Plaintiff); As to: FREEDOM FOREVER LLC (Defendant); Service Date: 07/01/2020; Service Cost: 64.50; Service Cost Waived: No

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  • 06/29/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/03/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 06/29/2020
  • DocketNon-Jury Trial scheduled for 12/27/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 06/29/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 06/29/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/29/2020
  • DocketCivil Case Cover Sheet; Filed by: KEN KOURY (Plaintiff); As to: FREEDOM FOREVER LLC (Defendant); FREEDOM FOREVER CALIFORNIA, LLC (Defendant); DOES 1 through 20 (Defendant)

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  • 06/29/2020
  • DocketSummons on Complaint; Issued and Filed by: KEN KOURY (Plaintiff); As to: FREEDOM FOREVER LLC (Defendant); FREEDOM FOREVER CALIFORNIA, LLC (Defendant); DOES 1 through 20 (Defendant)

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  • 06/29/2020
  • DocketComplaint; Filed by: KEN KOURY (Plaintiff); As to: FREEDOM FOREVER LLC (Defendant); FREEDOM FOREVER CALIFORNIA, LLC (Defendant); DOES 1 through 20 (Defendant)

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  • 06/29/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC05433    Hearing Date: February 25, 2021    Dept: 25

HEARING DATE: Thu., February 25, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Koury v. Freedom Forever, LLC, et al. COMPL. FILED: 06-29-20

CASE NUMBER: 20STLC05433 DISC. C/O: 11-27-21

NOTICE: OK DISC. MOT. C/O: 12-12-21

TRIAL DATE: 12-27-21

PROCEEDINGS: DEMURRER TO PLAINTIFF’S COMPLAINT

MOVING PARTY: Defendants Freedom Forever, LLC and Freedom Forever California, LLC

RESP. PARTY: None

DEMURRER

(CCP § 430.10, et seq.)

TENTATIVE RULING:

Because Plaintiff has filed a First Amended Complaint, Defendants Freedom Forever, LLC and Freedom Forever California, LLC’s Demurrer to Plaintiff’s Complaint is PLACED OFF CALENDAR AS MOOT.

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 February 23, 2021 [ ] Late [X] None

REPLY: None filed as of February 23, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On June 29, 2020, self-represented Plaintiff Ken Koury (“Plaintiff”) filed a complaint against Defendants Freedom Forever, LLC and Freedom Forever California, LLC (collectively, “Defendants”).

Defendants filed the instant Demurrer to Plaintiff’s Complaint (the “Demurrer”) on July 31, 2020. No opposition was filed.

On February 22, 2021 Plaintiff filed a First Amended Complaint (the “FAC”). Thus, the instant Demurrer is MOOT. (Barton v. Khan (2007) 157 Cal.App.4th 1216, 1221 [finding that pursuant to Code of Civil Procedure section 472, “a plaintiff has a right to amend his or her pleading at any time before a responsive pleading is filed and even after a responsive pleading is filed up to the time of the hearing on the demurrer”].) Accordingly, the Demurrer is PLACED OFF CALENDAR.

  1. Conclusion & Order

Because Plaintiff has filed a First Amended Complaint, Defendants Freedom Forever, LLC and Freedom Forever California, LLC’s Demurrer to Plaintiff’s Complaint is PLACED OFF CALENDAR AS MOOT.

Moving party is ordered to give notice.

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