This case was last updated from Los Angeles County Superior Courts on 09/11/2021 at 02:14:55 (UTC).

MURPHY O'BRIEN, INC., A CALIFORNIA CORPORATION VS URBAN COMMONS, LLC, A DELAWARE LIMITED LIABILITY COMPANY

Case Summary

On 10/15/2020 MURPHY O'BRIEN, INC , A CALIFORNIA CORPORATION filed a Contract - Other Contract lawsuit against URBAN COMMONS, LLC, A DELAWARE LIMITED LIABILITY COMPANY. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8750

  • Filing Date:

    10/15/2020

  • Case Status:

    Other

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

MURPHY O'BRIEN INC. A CALIFORNIA CORPORATION

Defendant

URBAN COMMONS LLC A DELAWARE LIMITED LIABILITY COMPANY

Attorney/Law Firm Details

Plaintiff Attorney

IEZZA NICOLINO IRENIO ESQ.

Other Attorneys

SWEENEY KELLY

 

Court Documents

Request for Dismissal - Request for Dismissal

9/8/2021: Request for Dismissal - Request for Dismissal

Minute Order - Minute Order (Hearing on Motion to Reclassify (Walker Motion) from the Limi...)

8/30/2021: Minute Order - Minute Order (Hearing on Motion to Reclassify (Walker Motion) from the Limi...)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Reclassify (Walker Motion) from the Limi...) of 08/30/2021

8/30/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Reclassify (Walker Motion) from the Limi...) of 08/30/2021

Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

3/5/2021: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

Notice of Rejection of Electronic Filing - Notice of Rejection of Electronic Filing

3/12/2021: Notice of Rejection of Electronic Filing - Notice of Rejection of Electronic Filing

Application (name extension) - Application to Reclassify action to unlimited jurisdiction

3/12/2021: Application (name extension) - Application to Reclassify action to unlimited jurisdiction

Certificate of Mailing for - Certificate of Mailing for (Court Order;) of 03/15/2021

3/15/2021: Certificate of Mailing for - Certificate of Mailing for (Court Order;) of 03/15/2021

Minute Order - Minute Order (Court Order;)

3/15/2021: Minute Order - Minute Order (Court Order;)

Motion to Reclassify - Motion re: to Reclassify action to unlimited jurisdiction

4/19/2021: Motion to Reclassify - Motion re: to Reclassify action to unlimited jurisdiction

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

12/18/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

12/28/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Dismissal - Request for Dismissal

12/28/2020: Request for Dismissal - Request for Dismissal

Declaration (name extension) - Declaration re attorneys fees

12/28/2020: Declaration (name extension) - Declaration re attorneys fees

Declaration (name extension) - Declaration re interest

12/28/2020: Declaration (name extension) - Declaration re interest

Summary of the Case - Summary of the Case

12/28/2020: Summary of the Case - Summary of the Case

Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

12/28/2020: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Proof of Service by Substituted Service - Proof of Service by Substituted Service

11/2/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Complaint - Complaint

10/15/2020: Complaint - Complaint

10 More Documents Available

 

Docket Entries

  • 09/10/2021
  • DocketNon-Jury Trial scheduled for 04/14/2022 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 09/10/2021

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  • 09/08/2021
  • DocketOn the Complaint filed by Murphy O'Brien, Inc., a California corporation on 10/15/2020, entered Request for Dismissal with prejudice filed by Murphy O'Brien, Inc., a California corporation as to the entire action

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  • 08/30/2021
  • DocketUpdated -- Motion to Reclassify Action from the Limited to the Unlimited Jurisdiction Court (CC) 403.040): Filed By: Murphy O'Brien, Inc., a California corporation (Plaintiff); Result: Denied with Prejudice; Result Date: 08/30/2021

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  • 08/30/2021
  • DocketMinute Order (Hearing on Motion to Reclassify (Walker Motion) from the Limi...)

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  • 08/30/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Reclassify (Walker Motion) from the Limi...) of 08/30/2021; Filed by: Clerk

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  • 08/30/2021
  • DocketHearing on Motion to Reclassify (Walker Motion) from the Limited to the Unlimited Jurisdiction Court (CCP 403.040), Filed by the Plaintiff scheduled for 08/30/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/30/2021; Result Type to Held - Motion Denied

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  • 08/27/2021
  • DocketUpdated -- Motion to Reclassify Action from the Limited to the Unlimited Jurisdiction Court (CC) 403.040): Name Extension changed from to Reclassify action to unlimited jurisdiction to Action from the Limited to the Unlimited Jurisdiction Court (CC) 403.040); Document changed from Motion re: (name extension) to Motion to Reclassify; As To Parties changed from Urban Commons, LLC, a Delaware limited liability company (Defendant) to Urban Commons, LLC, a Delaware limited liability company (Defendant)

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  • 08/27/2021
  • DocketUpdated -- Nicolino Irenio Iezza, Esq. (Attorney): First Name changed from Kelly to Nicolino; Last Name changed from Sweeney to Iezza; Name Suffix: Esq. Middle Name: Irenio

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  • 08/27/2021
  • DocketAddress for Nicolino Irenio Iezza, Esq. (Attorney) updated

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  • 08/25/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/19/2023 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 11/02/2020

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20 More Docket Entries
  • 12/18/2020
  • DocketDefault entered as to Urban Commons, LLC, a Delaware limited liability company; On the Complaint filed by Murphy O'Brien, Inc., a California corporation on 10/15/2020

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  • 11/02/2020
  • DocketProof of Service by Substituted Service; Filed by: Murphy O'Brien, Inc., a California corporation (Plaintiff); As to: Urban Commons, LLC, a Delaware limited liability company (Defendant); Proof of Mailing Date: 10/22/2020; Service Cost: 149.75; Service Cost Waived: No

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  • 10/15/2020
  • DocketNon-Jury Trial scheduled for 04/14/2022 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 10/15/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/19/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 10/15/2020
  • DocketComplaint; Filed by: Murphy O'Brien, Inc., a California corporation (Plaintiff); As to: Urban Commons, LLC, a Delaware limited liability company (Defendant)

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  • 10/15/2020
  • DocketSummons on Complaint; Issued and Filed by: Murphy O'Brien, Inc., a California corporation (Plaintiff); As to: Urban Commons, LLC, a Delaware limited liability company (Defendant)

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  • 10/15/2020
  • DocketCivil Case Cover Sheet; Filed by: Murphy O'Brien, Inc., a California corporation (Plaintiff); As to: Urban Commons, LLC, a Delaware limited liability company (Defendant)

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  • 10/15/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/15/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 10/15/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

b'

Case Number: 20STLC08750 Hearing Date: August 30, 2021 Dept: 26

Murphy O’Brien, Inc. v. Urban Commons, LLC, et\r\nal. 20STLC08750

RENEWED MOTION\r\nFOR RECLASSIFICATION

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(CCP § 1008)

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TENTATIVE RULING:

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Plaintiff Murphy O’Brien, Inc.’s\r\nRenewed Motion to Reclassify is DENIED WITH PREJUDICE.

ANALYSIS:

Plaintiff Murphy O’Brien, Inc. (“Plaintiff”) filed the\r\ninstant action for breach of contract and common counts against Defendant Urban\r\nCommons, LLC (“Defendant”) on October 15, 2020. The case was assigned to the\r\nLimited Jurisdiction Court. Following Defendant’s failure to file a responsive\r\npleading, Plaintiff entered its default on December 18, 2020.

On March 25, 2021, the Court rejected Plaintiff’s request\r\nfor default judgment on the grounds that the Complaint seeks more than the\r\njurisdictional limit of the Limited Jurisdictional Court. (Notice of Rejection,\r\n03/15/21, ¶16.) The rejection also indicated that Plaintiff must transfer the\r\naction to a general jurisdiction court. (Ibid.)

On March 12, 2021, Plaintiff filed an Application to\r\nReclassify Action, which the Court denied on March 15, 2021. (Minute Order,\r\n03/15/21.) Plaintiff then filed the instant Motion to Reclassify on April 19,\r\n2021.

Discussion

When a party\r\nseeks the same relief that was previously denied, it must bring a renewed\r\nmotion pursuant to Code of Civil Procedure section 1008, subdivision (b). (California\r\nCorrectional Peace Officers Ass’n v. Virga (2010) 181 Cal.App.4th 30, 43,\r\nfn. 11; see also Tate v. Wilburn (2010) 184 Cal.App.4th 150, 156-157.)\r\nWhen a motion has been denied in whole or in part, the moving party may apply\r\nagain for the same relief at a later time only upon “new or different facts,\r\ncircumstances or law.” (Code Civ. Proc., § 1008, subd. (b); see Graham v.\r\nHansen (1982) 128 Cal.App.3d 965, 969-970.)

There is no\r\ntime limit under section 1008 for the renewal of a previous motion. (See Code\r\nCiv. Proc., § 1008, subds. (b), (e); Stephen v. Enterprise Rent-A-Car of San\r\nFrancisco (1991) 235 Cal.App.3d 806, 816.) However, a renewed motion must\r\nbe supported by a declaration showing the previous order, by which judge it was\r\nmade, and what new or different facts, circumstances or law are claimed to\r\nexist. (Code Civ. Proc., § 1008, subd. (b).)

Plaintiff’s Motion to Reclassify seeks the same relief as\r\nthe previously denied Application to Reclassify. However, the Renewed Motion to\r\nReclassify fails to comply with the requirements of Code of Civil Procedure\r\nsection 1008. No declaration mentions the prior order or demonstrates what new or different facts,\r\ncircumstances or law are claimed to exist, which are jurisdictional\r\nprerequisites to the instant Renewed Motion. (Kerns v. CSE Ins. Group\r\n(2003) 106 Cal.App.4th 368, 391.) Instead, Plaintiff repeats that its initial\r\nprayer exceeded the jurisdictional limit of $25,000 so it is entitled to\r\nre-classify. Plaintiff is mistaken. Even though Plaintiff claimed a debt of\r\n$32,113.85, Plaintiff choose to file this matter in a Limited Jurisdiction court\r\nwhere the jurisdictional limit is $25,000. Then, Plaintiff moved for entry of\r\nDefault in a Limited Jurisdiction Court. It could be\r\nthat Defendant purposely allowed Default to be entered to limit their\r\ndamages. As our Supreme Court noted that\r\ndefendant can choose “to exercise his right to choose ... between (1)\r\ngiving up his right to defend in exchange for the certainty that he cannot be\r\nheld liable for more than a known amount, and (2) exercising his right to\r\ndefend at the cost of exposing himself to greater liability.” (Greenup v.\r\nRodman (1986) 42 Cal. 3d 822, 829.)

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As such, the\r\nRenewed Motion to Reclassify does not demonstrate a basis to reconsider the\r\nCourt’s earlier ruling.

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Conclusion

Based on the foregoing, Plaintiff Murphy\r\nO’Brien, Inc.’s Renewed Motion to Reclassify is DENIED WITH PREJUDUCE.

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Court clerk to give notice.

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