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This case was last updated from Los Angeles County Superior Courts on 01/23/2021 at 01:46:48 (UTC).

LEXLUX ASSOCIATES, LP VS J.T.K. DETAILING AND PERSONAL CAR CARE,, ET AL.

Case Summary

On 09/26/2018 LEXLUX ASSOCIATES, LP filed a Contract - Other Contract lawsuit against J T K DETAILING AND PERSONAL CAR CARE. 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 - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2133

  • Filing Date:

    09/26/2018

  • Case Status:

    Disposed - Dismissed

  • 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

LEXLUX ASSOCIATES LP

Defendants

KOSSIK JEFF

Redondo Beach, CA 90277

J.T.K. DETAILING AND PERSONAL CAR CARE

Attorney/Law Firm Details

Plaintiff Attorney

STROJ ROBERT JOHN

 

Court Documents

Notice of Ruling - Notice of Ruling

11/16/2020: Notice of Ruling - Notice of Ruling

Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 01/21/2021

1/21/2021: Certificate of Mailing for - Certificate of Mailing for (Non-Jury Trial) of 01/21/2021

Minute Order - Minute Order (Non-Jury Trial)

1/21/2021: Minute Order - Minute Order (Non-Jury Trial)

Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

9/29/2020: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

11/5/2020: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

9/17/2020: Minute Order - Minute Order (Hearing on Motion to be Relieved as Counsel)

Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

6/11/2020: Motion to Be Relieved as Counsel - Motion to Be Relieved as Counsel

Minute Order - Minute Order (Court Order Re: Hearing on Motion to Be Relieved as Counsel)

7/9/2020: Minute Order - Minute Order (Court Order Re: Hearing on Motion to Be Relieved as Counsel)

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Hearing on Motion to Be Relieved as Counsel) of 07/09/2020

7/9/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Hearing on Motion to Be Relieved as Counsel) of 07/09/2020

Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

4/3/2019: Minute Order - Minute Order (Hearing on Motion to Compel Discovery (not "Further Discovery...)

Proof of Personal Service - Proof of Personal Service

3/4/2019: Proof of Personal Service - Proof of Personal Service

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

1/22/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

1/22/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

1/22/2019: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

11/1/2018: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Answer - Answer

11/1/2018: Answer - Answer

Proof of Personal Service - Proof of Personal Service

10/18/2018: Proof of Personal Service - Proof of Personal Service

Summons - on Complaint

9/26/2018: Summons - on Complaint

17 More Documents Available

 

Docket Entries

  • 01/21/2021
  • DocketOn the Complaint filed by Lexlux Associates, LP on 09/26/2018, entered Order for Dismissal without prejudice as to the entire action, pursuant to Code of Civil Procedures 581(b)(3)

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  • 01/21/2021
  • DocketMinute Order (Non-Jury Trial)

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  • 01/21/2021
  • DocketCertificate of Mailing for (Non-Jury Trial) of 01/21/2021; Filed by: Clerk

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  • 01/21/2021
  • DocketNon-Jury Trial scheduled for 01/21/2021 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 01/21/2021; Result Type to Held

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  • 01/21/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/29/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 01/21/2021

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  • 11/16/2020
  • DocketNotice of Ruling; Filed by: Lexlux Associates, LP (Plaintiff)

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  • 11/05/2020
  • DocketOrder regarding Motion to be Relieved as Counsel; Signed and Filed by: Lexlux Associates, LP (Plaintiff); As to: Lexlux Associates, LP (Plaintiff)

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  • 11/05/2020
  • DocketMinute Order (Hearing on Motion to be Relieved as Counsel)

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  • 11/05/2020
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 11/05/2020 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 11/05/2020; Result Type to Held

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  • 09/29/2020
  • DocketDeclaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil; Filed by: Lexlux Associates, LP (Plaintiff)

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36 More Docket Entries
  • 11/01/2018
  • DocketAnswer; Filed by: Jeff Kossik (Defendant)

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  • 11/01/2018
  • DocketUpdated -- Request to Waive Court Fees: Filed By: Jeff Kossik (Defendant); Result: Granted; Result Date: 11/01/2018; As To Parties: removed

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  • 10/18/2018
  • DocketProof of Personal Service; Filed by: Lexlux Associates, LP (Plaintiff); As to: Jeff Kossik (Defendant); Service Date: 10/15/18; Service Cost: 75.00; Service Cost Waived: No

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  • 09/26/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/26/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 09/26/2018
  • DocketCivil Case Cover Sheet; Filed by: Lexlux Associates, LP (Plaintiff)

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  • 09/26/2018
  • DocketComplaint; Filed by: Lexlux Associates, LP (Plaintiff); As to: J.T.K. Detailing and Personal Car Care, (Defendant); Jeff Kossik (Defendant)

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  • 09/26/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 09/26/2018
  • DocketNon-Jury Trial scheduled for 03/25/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/26/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 09/29/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC12133    Hearing Date: November 05, 2020    Dept: 25

HEARING DATE: Thu., November 5, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Lexlux Associates, LP v. J.T.K. Detailing and Personal Car Care, et al.

CASE NUMBER: 18STLC12133 COMP. FILED: 09-26-18

NOTICE: OK DISC. C/O: 12-22-20

DISC. MOT. C/O: 01-06-21

TRIAL DATE: 01-21-21

PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Plaintiff’s Counsel Robert J. Stroj

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.1362)

TENTATIVE RULING:

Plaintiff’s Counsel Robert J. Stroj’s Motion to be Relieved as Counsel is GRANTED and the proposed order will be signed at the hearing. After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, rule 3.1362(e).) The Order on this Motion will not be effective “until proof of service of a copy of the signed order on [Plaintiff] has been filed with the court.” (Id.)

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 November 3, 2020 [ ] Late [X] None

REPLY: None filed as of November 3, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On September 26, 2018, Plaintiff Lexlux Associates, LP (“Plaintiff”) filed an action for breach of written lease and breach of personal guarantee against Defendants J.T.K. Detailing and Personal Car Care (“J.T.K. Detailing”) and Jeff Kossik (“Kossik”). On November 1, 2018, Defendant Kossik filed an Answer.

On June 11, 2020, Plaintiff’s Counsel Robert J. Stroj (“Counsel”) filed the instant Motion to be Relieved as Counsel (the “Motion”). The Court scheduled the Motion for hearing for September 17, 2020 at 10:00 a.m. and ordered Plaintiff’s counsel to give notice. (7/9/20 Minute Order.)

At the initial September 17, 2020 hearing, the Court noted the Motion submitted named different parties and case number. (9/17/20 Minute Order.) Thus, the Court ordered Counsel to file and serve amended papers correcting the error. (Id.)

Counsel filed an amended Motion on September 29, 2020. To date, no opposition has been filed.

  1. Legal Standard

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (Code Civ. Proc. § 284, subd. (2).) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) An application to be relieved as counsel must be made on Judicial Counsel Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).)

In addition, California Rules of Court, rule 3.1362 subsection (d) requires that the notice of motion and motion, declaration, and proposed order be served on the client and all other parties who have appeared in the case by personal service, electronic service, or mail. If the notice is served by mail, it must be accompanied by a declaration stating facts showing that either:

(A) The service address is the current residence or business address of the client; or

(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.

(Cal. Rules of Court, rule 3.1362, subd. (1)(A) & (2).)

  1. Discussion

Plaintiff’s Counsel seeks to be relieved because there has been a breakdown in the attorney-client relationship that prevents him from effectively representing Plaintiff. (MC-052, ¶ 2.) Specifically, Counsel explains that Plaintiff refuses to communicate with him. (Id.) Counsel served this Motion on Plaintiff at its current address, which was confirmed as current at most 30 days before this Motion was filed. (Id. at ¶ 3(b).)

The Court is satisfied with Counsel’s reasons for seeking to be relieved and finds that he has satisfied the requirements of California Rules of Court, rule 3.1362, subdivision (a) and (c)-(e). Importantly, trial is scheduled for January 21, 2021, giving Plaintiff sufficient time to obtain new counsel should it wish to continue prosecuting this action.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff’s Counsel Robert J. Stroj’s Motion to be Relieved as Counsel is GRANTED and the proposed order will be signed at the hearing. After the order is signed, a copy of the signed order must be served on the client and on all parties that have appeared in the case.” (Cal. Rules of Court, rule 3.1362(e).) The Order on this Motion will not be effective “until proof of service of a copy of the signed order on [Plaintiff] has been filed with the court.” (Id.)

Moving party is ordered to give notice.

Case Number: 18STLC12133    Hearing Date: September 17, 2020    Dept: 25

HEARING DATE: Thu., September 17, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Lexlux Associates, LP v. J.T.K. Detailing and Personal Car Care, et al.

CASE NUMBER: 18STLC12133 COMP. FILED: 09-26-18

NOTICE: NO DISC. C/O: 12-22-20

DISC. MOT. C/O: 01-06-21

TRIAL DATE: 01-21-21

PROCEEDINGS: MOTION TO BE RELIEVED AS COUNSEL

MOVING PARTY: Plaintiff’s Counsel Robert J. Stroj

RESP. PARTY: None

MOTION TO BE RELIEVED AS COUNSEL

(CCP § 284(2); CRC rule 3.1362)

TENTATIVE RULING:

Plaintiff’s Counsel Robert J. Stroj’s Motion to be Relieved as Counsel is CONTINUED TO NOV 5, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff’s Counsel must file and serve an amended Motion correcting the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

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 September 15, 2020 [ ] Late [X] None

REPLY: None filed as of September 15, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On September 26, 2018, Plaintiff Lexlux Associates, LP (“Plaintiff”) filed an action for breach of written lease and breach of personal guarantee against Defendants J.T.K. Detailing and Personal Car Care (“J.T.K. Detailing”) and Jeff Kossik (“Kossik”). On November 1, 2018, Defendant Kossik filed an Answer.

On June 11, 2020, Plaintiff’s Counsel Robert J. Stroj (“Counsel”) filed the instant Motion to be Relieved as Counsel (the “Motion”). The Court scheduled the Motion for hearing for September 17, 2020 at 10:00 a.m. and ordered Plaintiff’s counsel to give notice. (7/9/20 Minute Order.)

To date, Plaintiff’s Counsel has not filed a proof of service demonstrating he gave notice of the scheduled hearing.

  1. Legal Standard

The court may order that an attorney be changed or substituted at any time before or after judgment or final determination upon request by either client or attorney and after notice from one to the other. (Code Civ. Proc. § 284, subd. (2).) “The determination whether to grant or deny a motion to withdraw as counsel lies within the sound discretion of the trial court.” (Manfredi & Levine v. Superior Court (1998) 66 Cal.App.4th 1128, 1133.) An application to be relieved as counsel must be made on Judicial Counsel Forms MC-051 (Notice of Motion and Motion), MC-052 (Declaration), and MC-053 (Proposed Order). (Cal. Rules of Court, rule 3.1362, subds. (a), (c), (e).)

In addition, California Rules of Court, rule 3.1362 subsection (d) requires that the notice of motion and motion, declaration, and proposed order be served on the client and all other parties who have appeared in the case by personal service, electronic service, or mail. If the notice is served by mail, it must be accompanied by a declaration stating facts showing that either:

(A) The service address is the current residence or business address of the client; or

(B) The service address is the last known residence or business address of the client and the attorney has been unable to locate a more current address after making reasonable efforts to do so within 30 days before the filing of the motion to be relieved.

(Cal. Rules of Court, rule 3.1362, subd. (1)(A) & (2).)

  1. Discussion

As an initial matter, the Court notes the Notice of Motion and Motion to be Relieved as Counsel, Form MC-051, and Proposed Order, Form MC-053, are for Case No. 30-2019-01096258-CU-BC-CJC, Vannalux Associates, LP. v. Marvel Clinical Research, LLC, currently pending in the Superior Court of Orange County. Only the Declaration in Support of the Motion, Form MC-052, properly identifies the parties to this action and lists the correct case number.

In addition, the proof of service attached to the Motion demonstrates it was served on Peter Holzer, Esq. and Vannalux Associates, LP, none of which are parties to this action. (Mot., Proof of Service.) No other proof of service was filed demonstrating the Petition was properly served on Plaintiff or Defendants. Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.)

Thus, Plaintiff’s Counsel is ordered to file and serve supplemental papers correcting the errors noted above.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff’s Counsel Robert J. Stroj’s Motion to be Relieved as Counsel is CONTINUED TO NOV 5, 2020 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Plaintiff’s Counsel must file and serve an amended Motion correcting the deficiencies identified herein. Failure to do so may result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.

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