PARKVIEW VILLAGE, LLC VS ANIL SUNNY, ET AL.
Case Summary
On 05/08/2019 PARKVIEW VILLAGE, LLC filed a Contract - Other Contract lawsuit against ANIL SUNNY. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Disposed - Judgment Entered.
Case Details
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Case Number:
*******4513
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Filing Date:
05/08/2019
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Case Status:
Disposed - Judgment Entered
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Courthouse:
Spring Street Courthouse
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County, State:
Los Angeles, California
Judge Details
Judge
WENDY CHANG
Party Details
Plaintiff
PARKVIEW VILLAGE LLC
Defendants
MANJULA FOR YOUR EYES ONLY
SUNNY ANIL
SUNNY SAPNA
MANJULA FOR YOUR EYES ONLY A BUSINESS ENTITY
Attorney/Law Firm Details
Plaintiff Attorney
HAROONIAN ALEXANDER
Court Documents
8/27/2020: Notice of Ruling - Notice of Ruling
9/15/2020: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)
11/6/2020: Writ - Return - Writ - Return
2/8/2021: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)
3/18/2020: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims
11/6/2019: Declaration (name extension) - Declaration Plaintiff's Declaration
11/6/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
11/6/2019: Summary of the Case - Summary of the Case
11/6/2019: Notice of Ruling - Notice of Ruling
8/21/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
7/8/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
7/8/2019: Declaration (name extension) - Declaration to Satisfy Meet & Confer Rule
7/8/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
5/15/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service
5/8/2019: Summons - Summons on Complaint
5/8/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
5/8/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
5/8/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Docket Entries
- 03/11/2021
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DocketMinute Order (Hearing on Application for Order for Appearance and Examination)
- 03/11/2021
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DocketHearing on Application for Order for Appearance and Examination scheduled for 03/11/2021 at 01:30 PM in Spring Street Courthouse at Department 26 updated: Result Date to 03/11/2021; Result Type to Held
- 02/08/2021
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DocketProof of Service (not Summons and Complaint); Filed by: Parkview Village, LLC (Plaintiff); As to: Anil Sunny (Defendant)
- 02/08/2021
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DocketProof of Service (not Summons and Complaint); Filed by: Parkview Village, LLC (Plaintiff); As to: Anil Sunny (Defendant)
- 11/06/2020
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DocketUpdated -- Writ of Execution (Los Angeles): Filed By: Parkview Village, LLC (Plaintiff); Result: Returned and Filed; Result Date: 11/06/2020
- 11/06/2020
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DocketWrit - Return ( Unsatisfied);; Costs Credits: 33.45; Interest Credits: 0.00; Principal Credits: 0.00; Possession: No; Judgment Satisfaction Type: Unsatisfied
- 09/15/2020
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DocketProof of Service (not Summons and Complaint); Filed by: Parkview Village, LLC (Plaintiff); As to: Anil Sunny (Defendant)
- 09/15/2020
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DocketProof of Service (not Summons and Complaint); Filed by: Parkview Village, LLC (Plaintiff); As to: Anil Sunny (Defendant)
- 08/27/2020
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DocketNotice of Ruling; Filed by: Parkview Village, LLC (Plaintiff)
- 07/13/2020
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DocketOrder for Continuance/Setting of Judgment Debtor Examination; Filed by: Clerk
- 05/15/2019
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DocketProof of Service by Substituted Service; Filed by: Parkview Village, LLC (Plaintiff); As to: Sapna Sunny (Defendant); Proof of Mailing Date: 05/15/2019; Service Cost: 24.55; Service Cost Waived: No
- 05/09/2019
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DocketNon-Jury Trial scheduled for 11/04/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
- 05/09/2019
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DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/11/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
- 05/09/2019
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DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
- 05/08/2019
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DocketComplaint; Filed by: Parkview Village, LLC (Plaintiff); As to: Anil Sunny (Defendant); Sapna Sunny (Defendant); Manjula For Your Eyes Only (Defendant)
- 05/08/2019
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DocketCivil Case Cover Sheet; Filed by: Parkview Village, LLC (Plaintiff); As to: Anil Sunny (Defendant); Sapna Sunny (Defendant); Manjula For Your Eyes Only (Defendant)
- 05/08/2019
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DocketSummons on Complaint; Issued and Filed by: Parkview Village, LLC (Plaintiff); As to: Anil Sunny (Defendant); Sapna Sunny (Defendant); Manjula For Your Eyes Only (Defendant)
- 05/08/2019
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DocketCivil Case Cover Sheet; Filed by: Parkview Village, LLC (Plaintiff); As to: Anil Sunny (Defendant); Sapna Sunny (Defendant); Manjula For Your Eyes Only (Defendant)
- 05/08/2019
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DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
- 05/08/2019
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DocketFirst Amended Standing Order; Filed by: Clerk
Tentative Rulings
Case Number: 19STLC04513 Hearing Date: October 31, 2019 Dept: 94
DEMURRER
(CCP § 430.31, et seq.)
TENTATIVE RULING:
Defendants Anil Sunny and Sapna Sunny’s Demurrer to the Complaint is STRUCK AND PLACED OFF CALENDAR. OSC RE DEFAULT JUDGMENT SET FOR DECEMBER 12, 2019 AT 10:30 AM IN DEPARTMENT 94.
SUMMARY OF COMPLAINT: Action for breach of commercial lease agreement.
REQUEST FOR RELIEF: The Complaint is defective because it fails to state a cause of action against Defendants.
OPPOSITION: Defendants are in default and their demurrer lacks merit.
REPLY: None filed as of October 28, 2019.
ANALYSIS:
Plaintiff Parkville Village, LLC (“Plaintiff”) filed the instant action for breach of commercial lease agreement against Defendants Anil Sunny (“Anil”), Sapna Sunny (“Sapna”), and Majula For Your Eyes Only on May 8, 2019. Following Anil and Sapna’s failure to respond, the Court entered their default on July 1, 2019. Following Manjula For Your Eyes Only’s failure to respond, the Court entered its default on July 16, 2019.
Anil and Sapna filed the instant Demurrer to the Complaint on July 8, 2019, after entry of default against them. “The entry of a default terminates a defendant's rights to take any further affirmative steps in the litigation until either its default is set aside or a default judgment is entered.” (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385.) Here, the entry of default has not been set aside, nor has default judgment been entered. Therefore, the demurrer filed after entry of default is a “legal nullity.” (See Forbes v. Cameron Petroleums (1978) 83 Cal.App.3d 257, 262.)
The Court hereby STRIKES ANIL AND SAPNA’S DEMURRER TO THE COMPLAINT AND PLACES THE HEARING ON THE DEMURRER OFF CALENDAR.
Plaintiff to give notice.
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