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This case was last updated from Los Angeles County Superior Courts on 04/11/2021 at 04:04:51 (UTC).

MOJDEH M. DANESHRAD VS COUNTY OF LOS ANGELES

Case Summary

On 10/07/2020 MOJDEH M DANESHRAD filed an Other lawsuit against COUNTY OF LOS ANGELES. 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:

    *******8542

  • Filing Date:

    10/07/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

DANESHRAD MOJDEH M.

Defendant

COUNTY OF LOS ANGELES

Attorney/Law Firm Details

Defendant Attorney

PARKER THOMAS REED

 

Court Documents

Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

3/10/2021: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Demurrer - without Motion to Strike) of 03/10/2021

3/10/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Demurrer - without Motion to Strike) of 03/10/2021

Notice (name extension) - Notice Of Court Taking Demurrer Hearing Of March 10, 2021 Off-Calendar And Transferring Matter To Writs And Receivers Department

3/11/2021: Notice (name extension) - Notice Of Court Taking Demurrer Hearing Of March 10, 2021 Off-Calendar And Transferring Matter To Writs And Receivers Department

Minute Order - Minute Order (Court Order)

2/16/2021: Minute Order - Minute Order (Court Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 02/16/2021

2/16/2021: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 02/16/2021

Notice (name extension) - Notice of Court Continuance of Demurrer Hearing of February 17, 2021

2/23/2021: Notice (name extension) - Notice of Court Continuance of Demurrer Hearing of February 17, 2021

Opposition (name extension) - Opposition Plaintiffs Opposition to Defendants Demurrer, Memorandum of Points and Authoritites

2/1/2021: Opposition (name extension) - Opposition Plaintiffs Opposition to Defendants Demurrer, Memorandum of Points and Authoritites

Declaration (name extension) - Declaration of Michelle Daneshrad

2/1/2021: Declaration (name extension) - Declaration of Michelle Daneshrad

Request for Judicial Notice - Request for Judicial Notice

11/23/2020: Request for Judicial Notice - Request for Judicial Notice

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

11/23/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Civil Case Cover Sheet - Civil Case Cover Sheet

10/8/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

10/8/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

10/7/2020: First Amended Standing Order - First Amended Standing Order

Complaint - Complaint

10/7/2020: Complaint - Complaint

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

10/7/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

3 More Documents Available

 

Docket Entries

  • 03/11/2021
  • DocketNotice Of Court Taking Demurrer Hearing Of March 10, 2021 Off-Calendar And Transferring Matter To Writs And Receivers Department; Filed by: County of Los Angeles (Defendant); As to: Mojdeh M. Daneshrad (Plaintiff)

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  • 03/11/2021
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 03/10/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Taken Off Calendar by Court on 03/10/2021

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  • 03/10/2021
  • DocketMinute Order (Hearing on Demurrer - without Motion to Strike)

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  • 03/10/2021
  • DocketCertificate of Mailing for (Hearing on Demurrer - without Motion to Strike) of 03/10/2021; Filed by: Clerk

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  • 03/10/2021
  • DocketNon-Jury Trial scheduled for 04/06/2022 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 03/10/2021; Result Type to Not Held - Vacated by Court

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  • 03/10/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/11/2023 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 03/10/2021; Result Type to Not Held - Vacated by Court

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  • 02/23/2021
  • DocketNotice of Court Continuance of Demurrer Hearing of February 17, 2021; Filed by: County of Los Angeles (Defendant)

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  • 02/16/2021
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 03/10/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 02/16/2021
  • DocketMinute Order (Court Order)

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  • 02/16/2021
  • DocketCertificate of Mailing for (Court Order) of 02/16/2021; Filed by: Clerk

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4 More Docket Entries
  • 11/23/2020
  • DocketHearing on Demurrer - without Motion to Strike scheduled for 02/17/2021 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 11/23/2020
  • DocketDemurrer - without Motion to Strike; Filed by: County of Los Angeles (Defendant)

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  • 10/08/2020
  • DocketNon-Jury Trial scheduled for 04/06/2022 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 10/08/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/11/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 10/08/2020
  • DocketSummons on Complaint; Issued and Filed by: Mojdeh M. Daneshrad (Plaintiff); As to: County of Los Angeles (Defendant)

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  • 10/08/2020
  • DocketCivil Case Cover Sheet; Filed by: Mojdeh M. Daneshrad (Plaintiff)

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  • 10/08/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 10/07/2020
  • DocketComplaint; Filed by: Mojdeh M. Daneshrad (Plaintiff); As to: County of Los Angeles (Defendant)

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  • 10/07/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/07/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC08542    Hearing Date: March 10, 2021    Dept: 25

HEARING DATE: Wed., March 10, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Daneshard v. County of Los Angeles COMPL. FILED: 10-07-20

CASE NUMBER: 20STLC08542 DISC. C/O: 03-07-22

NOTICE: OK DISC. MOT. C/O: 03-22-22

TRIAL DATE: 04-06-22

PROCEEDINGS: DEMURRER TO PLAINTIFF’S COMPLAINT

MOVING PARTY: Defendant County of Los Angeles

RESP. PARTY: Plaintiff Mojdeh M. Daneshard, in pro per

DEMURRER

(CCP § 430.10, et seq.)

TENTATIVE RULING:

Because this Court does not have jurisdiction to issue a writ of mandate under Code of Civil Procedure sections 85 and 86, Defendant County of Los Angeles’ Demurrer to Plaintiff’s Complaint is PLACED OFF CALENDAR. The action is TRANSFERRED TO THE WRITS AND RECEIVERS DEPARTMENT.

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 February 1, 2021 [ ] Late [ ] None

REPLY: None filed as of March 8, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On October 7, 2020, Plaintiff Mojdeh Daneshard (“Plaintiff”), in pro per, filed an action for refund of property taxes and declaratory relief against Defendant County of Los Angeles (“Defendant”).

Defendant filed the instant Demurrer to Plaintiff’s Complaint (the “Demurrer”) on November 23, 2020. Plaintiff filed an Opposition on February 1, 2021. No reply brief was filed.

As an initial matter, the Court notes that the Complaint seeks an order requiring Defendant County of Los Angeles to refund allegedly overpaid taxes. (Compl., p. 5.) Because Plaintiff seeks an order directing a county to perform an act, Plaintiff seeks a writ of mandate. (Code Civ. Proc., § 1085, subd. (a).) Actions in which a writ of mandate is sought are not limited jurisdiction cases. (See Code Civ. Proc., §§ 85, 86.) For this reason, the matter is TRANSFERRED to the Writs and Receivers Department.

  1. Conclusion & Order

Because this Court does not have jurisdiction to issue a writ of mandate under Code of Civil Procedure sections 85 and 86, Defendant County of Los Angeles’ Demurrer to Plaintiff’s Complaint is PLACED OFF CALENDAR. The action is TRANSFERRED TO THE WRITS AND RECEIVERS DEPARTMENT.

Moving party is ordered to give notice.

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