On 07/12/2019 a Civil Right - Other Civil Right case was filed by ROBERT BEST against BROADWAY CIVIC CENTER LP in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.
*******6475
07/12/2019
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
JAMES E. BLANCARTE
BEST ROBERT
THIRSTY POCKETS LLC
BROADWAY CIVIC CENTER LP
REDWOOD BAR AND GRILL
SEARLE JENNIFER
SHIN TED
11/25/2019: Motion for Order (name extension) - Motion for Order for intervention
11/25/2019: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment
9/24/2019: Other - (name extension) - Other - Supplemental Exhibits for the Notice of Motion and Motion for Plaintiff Vexation Litigation
9/25/2019: Proof of Personal Service - Proof of Personal Service
9/9/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
9/9/2019: Summons - Summons on Cross Complaint
9/16/2019: Other - (name extension) - Other - exhibit signed affidavit
9/9/2019: Cross-Complaint - Cross-Complaint
8/13/2019: Answer - Answer
8/5/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service
8/5/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service
8/5/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service
7/12/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)
7/12/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
7/12/2019: Complaint - Complaint
7/12/2019: First Amended Standing Order - First Amended Standing Order
7/12/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Hearing07/15/2022 at 10:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearing01/08/2021 at 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial
Hearing01/16/2020 at 10:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion - Other (name extension)
DocketMotion for Order for intervention; Filed by: Jennifer Searle (Cross-Complainant)
DocketHearing on Motion - Other intervention scheduled for 01/16/2020 at 10:30 AM in Stanley Mosk Courthouse at Department 94
DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk
DocketRequest for Entry of Default / Judgment; Filed by: Jennifer Searle (Cross-Complainant); As to: Robert Best (Cross-Defendant)
Docket; Default not entered as to Robert Best; On the Cross-Complaint filed by Jennifer Searle, et al. on 09/09/2019
DocketProof of Personal Service; Filed by: Jennifer Searle (Cross-Complainant); As to: Robert Best (Cross-Defendant); Service Date: 09/23/2019; Service Cost Waived: No
DocketOther - Supplemental Exhibits for the Notice of Motion and Motion for Plaintiff Vexation Litigation; Filed by: Jennifer Searle (Non-Party)
DocketNon-Jury Trial scheduled for 01/08/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketCase assigned to Hon. James E. Blancarte in Department 94 Stanley Mosk Courthouse
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/15/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketComplaint; Filed by: Robert Best (Plaintiff); As to: Broadway Civic Center LP (Defendant); Redwood Bar and Grill (Defendant); Thirsty Pockets LLC (Defendant)
DocketSummons on Complaint; Issued and Filed by: Robert Best (Plaintiff); As to: Broadway Civic Center LP (Defendant); Redwood Bar and Grill (Defendant); Thirsty Pockets LLC (Defendant)
DocketRequest to Waive Court Fees; Filed by: Robert Best (Plaintiff)
DocketCivil Case Cover Sheet; Filed by: Robert Best (Plaintiff); As to: Broadway Civic Center LP (Defendant); Redwood Bar and Grill (Defendant); Thirsty Pockets LLC (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Robert Best (Plaintiff)
Case Number: 19STLC06475 Hearing Date: January 16, 2020 Dept: 94
MOTION TO INTERVENE
(CCP § 387)
TENTATIVE RULING:
Non-Party Jennifer Searle’s Motion to Intervene is CONTINUED TO MARCH 16, 2020 AT 10:30 AM IN DEPARTMENT 94.
SUMMARY OF COMPLAINT: Action for discrimination on the basis of disability.
RELIEF REQUESTED: Allow Non-Party Jennifer Searle to intervene as the owner of the Defendant Redwood Bar & Grill.
ANALYSIS:
On July 12, 2019, Plaintiff Robert Best (“Plaintiff”) filed this action for discrimination on the basis of disability against Defendants Redwood Bar & Grill, Thirsty Pockets, LLC and Broadway Civic Center, LP (“Defendant”). On August 13, 2019, Non-Party Jennifer Searle (“Searle”) filed an Answer to the Complaint alleging to be the owner of Redwood Bar & Grill. Searle alleges that she is answering as a Doe Defendant, who the Complaint alleges to be “the owners, operators, lessees or tenants of the property which is the subject of this action.” (Compl., ¶3.) The Court struck Searle’s Answer as improper. Searle now brings the instant Motion to Intervene in the action. To date, no opposition has been filed.
Legal Standard
Code of Civil Procedure section 387, subdivision (d)(1) states: “[t]he court shall, upon timely application, permit a nonparty to intervene in the action or proceeding if either of the following conditions is satisfied:
(A) A
(B) The is the subject of the action and that person is so situated that the disposition of the action may impair or impede that person’s ability to protect that interest, unless that person’s interest is adequately represented by one or more of the existing parties.”
(Code Civ. Proc., § 387, subd. (d)(1).) The Court is satisfied that Searle has an interest relating to the property that is the subject of the action, namely, the Redwood Bar and Grill. However, Searle has not explained why her interest is not adequately represented by Redwood Bar and Grill. It appears to the Court that Searle is trying to defend this action in lieu of Redwood Bar and Grill, which has yet to file a responsive pleading.
Based on the foregoing, Searle’s Motion to Intervene is CONTINUED TO MARCH 16, 2020 AT 10:30 AM IN DEPARTMENT 94. At least 16 court days prior to the new hearing date, Searle is the file and serve supplemental papers addressing why her interest is not adequately represented by one or more of the existing parties, especially Redwood Bar and Grill. Failure to comply with the Court’s orders may result in the Motion to Intervene being placed off calendar or denied.
Court clerk to give notice.
Case Number: 19STLC06475 Hearing Date: November 21, 2019 Dept: 94
MOTION TO DEEM PARTY VEXATIOUS LITIGANT
(CCP § 391)
TENTATIVE RULING:
Non-Party Jennifer Searle’s Motion to Deem Plaintiff Vexatious Litigant is PLACED OFF CALENDAR.
SUMMARY OF COMPLAINT: Action for discrimination on the basis of disability.
RELIEF REQUESTED: Deem Plaintiff a vexatious litigant.
ANALYSIS:
On July 12, 2019, Plaintiff Robert Best (“Plaintiff”) filed this action for discrimination on the basis of disability against Defendants Redwood Bar & Grill, Thirsty Pockets, LLC and Broadway Civic Center, LP (“Defendant”). On August 13, 2019, Non-Party Jennifer Searle (“Searle”) filed an Answer to the Complaint alleging to be the owner of Redwood Bar & Grill. Searle alleges that she is answering as a Doe Defendant, who the Complaint alleges to be “the owners, operators, lessees or tenants of the property which is the subject of this action.” (Compl., ¶3.)
In order to join this action, Searle must proceed by way of intervention, as set forth in Code of Civil Procedure section 387. Filing an Answer, Cross-Complaint, and the instant Motion to Deem Plaintiff Vexatious as an unnamed party is improper. Accordingly, the Court strikes those filings and places the Motion off calendar. Searle may bring a motion to intervene in order to join this action.
Non-Party Jennifer Searle’s Motion to Deem Plaintiff Vexatious Litigant is PLACED OFF CALENDAR.
Court clerk to give notice.