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This case was last updated from Los Angeles County Superior Courts on 02/11/2021 at 04:02:58 (UTC).

LE THI NGUYEN, AS SUCCESSOR IN INTEREST OF LINH THI HUGENS VS CAMERON PROPERTIES, INC.

Case Summary

On 06/17/2020 LE THI NGUYEN, AS SUCCESSOR IN INTEREST OF LINH THI HUGENS filed a Personal Injury - Other Personal Injury lawsuit against CAMERON PROPERTIES, INC. 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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5083

  • Filing Date:

    06/17/2020

  • Case Status:

    Other

  • 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

LE THI NGUYEN AS SUCCESSOR IN INTEREST OF LINH THI HUGENS

Defendant

CAMERON PROPERTIES INC.

Attorney/Law Firm Details

Plaintiff Attorney

TERAN LOUIS F

Defendant Attorney

GORDON ELI A

 

Court Documents

Request for Dismissal - Request for Dismissal

2/8/2021: Request for Dismissal - Request for Dismissal

Opposition (name extension) - Opposition TO PLAINTIFFS MOTION TO STRIKE DEFENDANTS AFFIRMATIVE DEFENSES

9/25/2020: Opposition (name extension) - Opposition TO PLAINTIFFS MOTION TO STRIKE DEFENDANTS AFFIRMATIVE DEFENSES

Answer - Answer

7/22/2020: Answer - Answer

Motion to Strike (not anti-SLAPP) - without Demurrer - Motion to Strike (not anti-SLAPP) - without Demurrer

8/3/2020: Motion to Strike (not anti-SLAPP) - without Demurrer - Motion to Strike (not anti-SLAPP) - without Demurrer

Complaint - Complaint

6/17/2020: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

6/17/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

6/17/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

6/17/2020: First Amended Standing Order - First Amended Standing Order

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

6/17/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 02/08/2021
  • DocketRequest for Dismissal; Filed by: Le Thi Nguyen, as successor in interest of Linh Thi Hugens (Plaintiff); As to: Cameron Properties, Inc. (Defendant)

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  • 02/08/2021
  • DocketOn the Complaint filed by Le Thi Nguyen, as successor in interest of Linh Thi Hugens on 06/17/2020, entered Request for Dismissal with prejudice filed by Le Thi Nguyen, as successor in interest of Linh Thi Hugens as to the entire action

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  • 02/08/2021
  • DocketUpdated -- Request for Dismissal: Filed By: Le Thi Nguyen, as successor in interest of Linh Thi Hugens (Plaintiff); Result: Entered; Result Date: 02/08/2021; As To Parties changed from Cameron Properties, Inc. (Defendant) to Cameron Properties, Inc. (Defendant)

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  • 02/08/2021
  • DocketHearing on Motion to Strike (not anti-SLAPP) - without Demurrer scheduled for 02/09/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 02/08/2021

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  • 02/08/2021
  • DocketNon-Jury Trial scheduled for 12/15/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 02/08/2021

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  • 02/08/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/21/2023 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 02/08/2021

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  • 09/25/2020
  • DocketOpposition TO PLAINTIFF?S MOTION TO STRIKE DEFENDANT?S AFFIRMATIVE DEFENSES; Filed by: Cameron Properties, Inc. (Defendant)

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  • 08/04/2020
  • DocketHearing on Motion to Strike (not anti-SLAPP) - without Demurrer scheduled for 02/09/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 08/03/2020
  • DocketMotion to Strike (not anti-SLAPP) - without Demurrer; Filed by: Le Thi Nguyen, as successor in interest of Linh Thi Hugens (Plaintiff)

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  • 07/22/2020
  • DocketAnswer; Filed by: Cameron Properties, Inc. (Defendant); As to: Le Thi Nguyen, as successor in interest of Linh Thi Hugens (Plaintiff)

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  • 06/17/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/21/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 06/17/2020
  • DocketNon-Jury Trial scheduled for 12/15/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 06/17/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 06/17/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/17/2020
  • DocketSummons on Complaint; Issued and Filed by: Le Thi Nguyen, as successor in interest of Linh Thi Hugens (Plaintiff); As to: Cameron Properties, Inc. (Defendant)

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  • 06/17/2020
  • DocketCivil Case Cover Sheet; Filed by: Le Thi Nguyen, as successor in interest of Linh Thi Hugens (Plaintiff); As to: Cameron Properties, Inc. (Defendant)

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  • 06/17/2020
  • DocketComplaint; Filed by: Le Thi Nguyen, as successor in interest of Linh Thi Hugens (Plaintiff); As to: Cameron Properties, Inc. (Defendant)

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  • 06/17/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC05083    Hearing Date: February 08, 2021    Dept: 25

HEARING DATE: Tue., February 9, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Nguyen v. Cameron Properties, Inc. COMPL. FILED: 06-17-20

CASE NUMBER: 20STLC05083 DISC. C/O: 11-15-21

NOTICE: OK DISC. MOT. C/O: 11-30-21

TRIAL DATE: 12-15-21

PROCEEDINGS: MOTION TO STRIKE DEFENDANT’S AFFIRMATIVE DEFENSES

MOVING PARTY: Plaintiff Le Thi Nguyen

RESP. PARTY: Defendant Cameron Properties, Inc.

MOTION TO STRIKE

(CCP § 435)

TENTATIVE RULING:

Plaintiff Le Thi Nguyen’s Motion to Strike Defendant’s Affirmative Defenses is DENIED.

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 September 25, 2020 [ ] Late [ ] None

REPLY: None filed as of February 5, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On June 17, 2020, Plaintiff Le Thi Nguyen (“Plaintiff”) filed a complaint for conversion and trespass to chattels against Defendant Cameron Properties, Inc. (“Defendant”). Defendant filed an Answer on July 22, 2020.

Plaintiff filed the instant Motion to Strike Defendant’s Affirmative Defenses (the “Motion”) on August 3, 2020. Defendant filed an Opposition on September 25, 2020. No reply brief was filed.

  1. Legal Standard

California law authorizes a party’s motion to strike matter from an opposing party’s pleading if it is irrelevant, false, or improper. (Code Civ. Proc. §§ 435; 436, subd. (a).) Motions may also target pleadings or parts of pleadings that are not filed or drawn in conformity with applicable laws, rules, or orders. (Code Civ. Proc. § 436, subd. (b).) However, motions to strike in limited jurisdiction courts may only challenge pleadings on the basis that “the damages or relief sought are not supported by the allegations of the complaint.” (Code Civ. Proc. § 92, subd. (d).) The Code of Civil Procedure also authorizes the Court to act on its own initiative to strike matters, empowering the Court to enter orders striking matter “at any time in its discretion, and upon terms it deems proper.” (Code Civ. Proc. § 436.)

Finally, Code of Civil Procedure section 435.5 requires that “[b]efore filing a motion to strike pursuant to this chapter, the moving party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to the motion to strike for the purpose of determining whether an agreement can be reached that resolves the objections to be raised in the motion to strike.” (Code Civ. Proc. § 435.5, subd. (a).)

  1. Discussion

Plaintiff seeks to strike the twenty-two affirmative defenses asserted in Defendant’s Answer on the basis that they are mere legal conclusions and are devoid of any factual basis. (Mot., p. 4:3-15.) However, as noted above, motions to strike in limited jurisdiction courts may only challenge pleadings on the basis that “the damages or relief sought are not supported by the allegations of the complaint.” (Code Civ. Proc. § 92, subd. (d).)

As Plaintiff does not seek to strike requests for relief or damages, the Motion is DENIED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Le Thi Nguyen’s Motion to Strike Defendant’s Affirmative Answers is DENIED.

Moving party is ordered to give notice.

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