This case was last updated from Los Angeles County Superior Courts on 11/14/2020 at 04:53:47 (UTC).

RAPHAEL SAADIQ, ET AL. VS JULIAN JACKSON

Case Summary

On 06/24/2020 RAPHAEL SAADIQ filed an Other lawsuit against JULIAN JACKSON. 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:

    *******2060

  • Filing Date:

    06/24/2020

  • 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

Petitioners

SAADIQ RAPHAEL

MR. DANIELS INC. DBA BLAKESLEE RECORDING COMPANY

Respondent

JACKSON JULIAN

Attorney/Law Firm Details

Petitioner Attorney

SZABO LAWRENCE JAY

 

Court Documents

Declaration (name extension) - Declaration of Julian Jackson in opposition to petition for order striking and releasing liens or other encumbrance on property of petitioner's

10/13/2020: Declaration (name extension) - Declaration of Julian Jackson in opposition to petition for order striking and releasing liens or other encumbrance on property of petitioner's

Minute Order - Minute Order (Hearing on Petition For Order Striking and Releasing Liens or...)

10/28/2020: Minute Order - Minute Order (Hearing on Petition For Order Striking and Releasing Liens or...)

Notice (name extension) - Notice of Ruling on Petition and Order to Show Cause Why Liens or Other Encumbrance Should Not be Stricken and Released

10/29/2020: Notice (name extension) - Notice of Ruling on Petition and Order to Show Cause Why Liens or Other Encumbrance Should Not be Stricken and Released

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

9/1/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

8/5/2020: Proof of Personal Service - Proof of Personal Service

Declaration (name extension) - Declaration of Non-Service

7/17/2020: Declaration (name extension) - Declaration of Non-Service

First Amended Standing Order - First Amended Standing Order

6/24/2020: First Amended Standing Order - First Amended Standing Order

Declaration (name extension) - Declaration of Raphael Saadiq in Support of Petition

6/24/2020: Declaration (name extension) - Declaration of Raphael Saadiq in Support of Petition

Declaration (name extension) - Declaration of Lawrence Szabo in Support of Petition

6/24/2020: Declaration (name extension) - Declaration of Lawrence Szabo in Support of Petition

Petition (name extension) - Petition For Order Striking and Releasing Liens or Other Encumbrance on Property of Petitioners

6/24/2020: Petition (name extension) - Petition For Order Striking and Releasing Liens or Other Encumbrance on Property of Petitioners

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

6/24/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Notice of Hearing on Petition - Notice of Hearing on Petition

6/24/2020: Notice of Hearing on Petition - Notice of Hearing on Petition

 

Docket Entries

  • 12/01/2020
  • Hearing12/01/2020 at 10:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 10/29/2020
  • DocketNotice of Ruling on Petition and Order to Show Cause Why Liens or Other Encumbrance Should Not be Stricken and Released; Filed by: Raphael Saadiq (Petitioner); Mr. Daniels, Inc. (Petitioner); As to: Julian Jackson (Respondent)

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  • 10/28/2020
  • DocketOrder to Show Cause Re: Why Liens Should Not Be Stricken scheduled for 12/01/2020 at 10:30 AM in Spring Street Courthouse at Department 25

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  • 10/28/2020
  • DocketMinute Order (Hearing on Petition For Order Striking and Releasing Liens or...)

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  • 10/28/2020
  • DocketHearing on Petition For Order Striking and Releasing Liens or Other Encumbrance on Property of Petitioners scheduled for 10/28/2020 at 08:30 AM in Spring Street Courthouse at Department 25 updated: Result Date to 10/28/2020; Result Type to Held

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  • 10/13/2020
  • DocketDeclaration of Julian Jackson in opposition to petition for order striking and releasing liens or other encumbrance on property of petitioner's; Filed by: Julian Jackson (Respondent)

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  • 09/01/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Raphael Saadiq (Petitioner); Mr. Daniels, Inc. (Petitioner)

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  • 08/05/2020
  • DocketProof of Personal Service; Filed by: Raphael Saadiq (Petitioner); Mr. Daniels, Inc. (Petitioner); As to: Julian Jackson (Respondent); Service Date: 07/31/2020; Service Cost: 64.50; Service Cost Waived: No

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  • 07/17/2020
  • DocketDeclaration of Non-Service; Filed by: Raphael Saadiq (Petitioner); Mr. Daniels, Inc. (Petitioner)

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  • 06/25/2020
  • DocketHearing on Petition For Order Striking and Releasing Liens or Other Encumbrance on Property of Petitioners scheduled for 10/28/2020 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 06/25/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 06/24/2020
  • DocketDeclaration of Raphael Saadiq in Support of Petition; Filed by: Raphael Saadiq (Petitioner); Mr. Daniels, Inc. (Petitioner); As to: Julian Jackson (Respondent)

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  • 06/24/2020
  • DocketPetition For Order Striking and Releasing Liens or Other Encumbrance on Property of Petitioners; Filed by: Raphael Saadiq (Petitioner); Mr. Daniels, Inc. (Petitioner); As to: Julian Jackson (Respondent)

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  • 06/24/2020
  • DocketDeclaration of Lawrence Szabo in Support of Petition; Filed by: Raphael Saadiq (Petitioner); Mr. Daniels, Inc. (Petitioner); As to: Julian Jackson (Respondent)

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  • 06/24/2020
  • DocketNotice of Hearing on Petition; Filed by: Clerk

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  • 06/24/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/24/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STCP02060    Hearing Date: October 28, 2020    Dept: 25

HEARING DATE: Wed., October 28, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Saadiq v. Jackson PET. FILED: 06-24-20

CASE NUMBER: 20STCP02060

NOTICE: OK

PROCEEDINGS: PETITION FOR ORDER STRIKING AND RELEASING LIENS OR OTHER ENCUMBRANCES ON PROPERTY OF PETITIONERS

MOVING PARTY: Petitioners Raphael Saadiq and Daniels, Inc. dba Blakeslee Recording Company

RESP. PARTY: Respondent Julian Jackson

PETITION TO STRIKE LIEN

(CCP § 765.010, et seq.)

TENTATIVE RULING:

As required by Code of Civil Procedure section 765.010, the Court sets an OSC re Why Liens Should Not be Stricken for DEC 1, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

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 October 13, 2020 [ ] Late [ ] None

REPLY: None filed as of October 26, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On June 24, 2020, Petitioners Raphael Saadiq and Mr. Daniels, Inc. dba Blakeslee Recording Company (collectively, “Petitioners”) filed the instant Petition for Order Striking and Releasing Liens or Other Encumbrances on Property of Petitioners (the “Petition”) against Respondent Julian Jackson (“Respondent”).

Respondent filed a declaration in opposition on October 13, 2020. To date, Petitioners have not filed a reply.

  1. Legal Standard

Code of Civil Procedure section 765.010, subdivision (b), provides that a person shall not file or record, or cause another to file or record, a lawsuit, lien, or other encumbrance against another person or entity “knowing it is false, with the intent to harass the person or entity…”

In addition, Code of Civil Procedure section 765.010, subdivision (c)(1) provides, in pertinent part:

“A person or entity whose property is subject to a lien or encumbrance in violation of this section may petition the superior court of the county in which the person or entity resides or in which the property is located for an order, which may be granted ex parte, directing the lien or other encumbrance claimant to appear at a hearing before the court and show cause why the lien or other encumbrance should not be stricken and other relief provided by the article should not be granted.”

A petition under this article must state the grounds upon which the relief is requested and must be supported by affidavit of the petitioner or his or her attorney setting forth a concise statement of the facts upon which the petition is based. (Code Civ. Proc., § 765.020.) “Any lien or encumbrance claimant who records or files or directs another to record or file, a lawsuit, lien, or other encumbrance in violation of Section 765.010 shall be liable to the person subject to the lawsuit or the owner of the property bound by the lien or other encumbrance for a civil penalty of up to five thousand dollars.” (Code Civ. Proc., § 765.040.)

  1. Discussion

Here, Petitioners submit a petition seeking to strike three UCC Financing Statements filed by Respondent against Petitioners on January 11, 2016, January 12, 2016, and March 9, 2016. (Pet., ¶ 6.) The Petition is supported by the declaration of Petitioner Saadiq and Petitioner’s Counsel, Lawrence Szabo setting forth a statement of the facts upon which the Petition is based. Specifically, they state the UCC Financing Statements were filed without Petitioners’ authorization. (Saadiq Decl., ¶¶ 7-8; Szabo Decl., ¶ 7.)

The Petition meets the content requirements of Section 765.020. Thus, the Court sets an OSC re Why Liens Should Not be Stricken as required by Section 765.010, subdivision (c)(1).

  1. Conclusion & Order

As required by Code of Civil Procedure section 765.010, the Court sets an OSC re Why Liens Should Not be Stricken for DEC 1, 2020 at 10:30 a.m. in Department 25 at the SPRING STREET COURTHOUSE.

Moving party is ordered to give notice.