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.
*******4513
05/08/2019
Disposed - Judgment Entered
Los Angeles County Superior Courts
Spring Street Courthouse
Los Angeles, California
WENDY CHANG
PARKVIEW VILLAGE LLC
MANJULA FOR YOUR EYES ONLY
SUNNY ANIL
SUNNY SAPNA
MANJULA FOR YOUR EYES ONLY A BUSINESS ENTITY
HAROONIAN ALEXANDER
3/18/2020: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims
3/26/2020: Application for Issuance of Writ of Execution, Possession or Sale - Application for Issuance of Writ of Execution, Possession or Sale
3/26/2020: Writ of Execution - Writ of Execution (Los Angeles)
12/2/2019: Default Judgment - Default Judgment
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
7/15/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service
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
Hearing03/11/2021 at 01:30 PM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Application for Order for Appearance and Examination
DocketOrder for Continuance/Setting of Judgment Debtor Examination; Filed by: Clerk
DocketReset - Court Unavailable, Hearing on Application for Order for Appearance and Examination scheduled for 08/12/2020 at 01:30 PM in Spring Street Courthouse at Department 26 Not Held - Advanced and Continued - by Court was rescheduled to 03/11/2021 01:30 PM
DocketHearing on Application for Order for Appearance and Examination scheduled for 08/12/2020 at 01:30 PM in Spring Street Courthouse at Department 26
DocketApplication and Order for Appearance and Examination; Filed by: Parkview Village, LLC (Plaintiff); As to: Anil Sunny (Defendant)
DocketPursuant to the request of moving party, Hearing on Application for Order for Appearance and Examination scheduled for 06/26/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 44 Not Held - Taken Off Calendar by Party on 04/01/2020
DocketCase reassigned to Spring Street Courthouse in Department 26 - Hon. Serena R. Murillo; Reason: Inventory Transfer
DocketApplication for Issuance of Writ of Execution, Possession or Sale; Filed by: Parkview Village, LLC (Plaintiff)
DocketWrit of Execution (Los Angeles); Issued by: Parkview Village, LLC (Plaintiff); As to: Anil Sunny (Defendant); Sapna Sunny (Defendant); Manjula For Your Eyes Only,a business entity (Defendant); County: Los Angeles
DocketAbstract of Judgment - Civil and Small Claims; Issued by: Parkview Village, LLC (Plaintiff)
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
DocketNon-Jury Trial scheduled for 11/04/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
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
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
DocketComplaint; Filed by: Parkview Village, LLC (Plaintiff); As to: Anil Sunny (Defendant); Sapna Sunny (Defendant); Manjula For Your Eyes Only (Defendant)
DocketCivil Case Cover Sheet; Filed by: Parkview Village, LLC (Plaintiff); As to: Anil Sunny (Defendant); Sapna Sunny (Defendant); Manjula For Your Eyes Only (Defendant)
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)
DocketCivil Case Cover Sheet; Filed by: Parkview Village, LLC (Plaintiff); As to: Anil Sunny (Defendant); Sapna Sunny (Defendant); Manjula For Your Eyes Only (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
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.