This case was last updated from Los Angeles County Superior Courts on 09/19/2020 at 03:00:12 (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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2133

  • Filing Date:

    09/26/2018

  • 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

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

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

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

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

Proof of Personal Service - Proof of Personal Service

1/14/2019: 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

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

Civil Case Cover Sheet

9/26/2018: Civil Case Cover Sheet

Summons - on Complaint

9/26/2018: Summons - on Complaint

Notice of Case Assignment - Limited Civil Case

9/26/2018: Notice of Case Assignment - Limited Civil Case

10 More Documents Available

 

Docket Entries

  • 09/29/2021
  • Hearing09/29/2021 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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  • 01/21/2021
  • Hearing01/21/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 11/05/2020
  • Hearing11/05/2020 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to be Relieved as Counsel

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  • 09/17/2020
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 11/05/2020 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 09/17/2020
  • DocketMinute Order (Hearing on Motion to be Relieved as Counsel)

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  • 09/17/2020
  • DocketOn the Court's own motion, Hearing on Motion to be Relieved as Counsel scheduled for 09/17/2020 at 10:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 11/05/2020 10:00 AM

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  • 07/09/2020
  • DocketHearing on Motion to be Relieved as Counsel scheduled for 09/17/2020 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 07/09/2020
  • DocketCertificate of Mailing for (Court Order Re: Hearing on Motion to Be Relieved as Counsel) of 07/09/2020; Filed by: Clerk

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  • 07/09/2020
  • DocketMinute Order (Court Order Re: Hearing on Motion to Be Relieved as Counsel)

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  • 07/09/2020
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 07/22/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Advanced and Continued - by Court was rescheduled to 01/21/2021 08:30 AM

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28 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: 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.