This case was last updated from Los Angeles County Superior Courts on 09/11/2021 at 02:01:12 (UTC).

ROBERT D. GOLDBERG, VS FRED MERCURO

Case Summary

On 11/02/2018 ROBERT D GOLDBERG filed a Contract - Debt Collection lawsuit against FRED MERCURO. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3526

  • Filing Date:

    11/02/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Debt Collection

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

ROBERT D. GOLDBERG

Defendant

MERCURO FRED

Attorney/Law Firm Details

Plaintiff Attorney

GOLDBERG ROBERT DAVID

Defendant Attorney

CHULAK MICHAEL T.

 

Court Documents

Motion to Strike (not initial pleading) - Motion to Strike (not initial pleading)

6/18/2021: Motion to Strike (not initial pleading) - Motion to Strike (not initial pleading)

Notice (name extension) - Notice AMENDED NOTICE OF MOTION RE: MOTION TO STRIKE CROSS-COMPLAINT

6/21/2021: Notice (name extension) - Notice AMENDED NOTICE OF MOTION RE: MOTION TO STRIKE CROSS-COMPLAINT

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Strike Defendant's Cross-Complaint; Hear...) of 07/26/2021

7/26/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Strike Defendant's Cross-Complaint; Hear...) of 07/26/2021

Minute Order - Minute Order (Hearing on Motion to Strike Defendant's Cross-Complaint; Hear...)

7/26/2021: Minute Order - Minute Order (Hearing on Motion to Strike Defendant's Cross-Complaint; Hear...)

Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

8/2/2021: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)

Certificate of Mailing for - Certificate of Mailing for [Minute Order (Hearing on Motion to Strike Defendant's Cross-Complaint; Hear...), Order to Show Cause re: Dismissal (Settlement)]

8/3/2021: Certificate of Mailing for - Certificate of Mailing for [Minute Order (Hearing on Motion to Strike Defendant's Cross-Complaint; Hear...), Order to Show Cause re: Dismissal (Settlement)]

Minute Order - Minute Order (Court Order)

9/4/2020: Minute Order - Minute Order (Court Order)

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/1/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Answer - Answer

1/14/2019: Answer - Answer

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

3/25/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Service by Mail - Proof of Service by Mail

3/25/2019: Proof of Service by Mail - Proof of Service by Mail

Answer - Answer

2/19/2019: Answer - Answer

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

12/3/2018: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Complaint - Complaint

11/2/2018: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

11/2/2018: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

11/2/2018: Summons - Summons on Complaint

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

11/2/2018: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

11 More Documents Available

 

Docket Entries

  • 02/03/2022
  • Hearing02/03/2022 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 08/10/2021
  • DocketRETURNED MAIL; Filed by: Clerk; As to: Fred Mercuro (Defendant)

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  • 08/10/2021
  • DocketUpdated -- RETURNED MAIL: As To Parties changed from Fred Mercuro (Defendant) to Fred Mercuro (Defendant); Status changed from Filed to Issued

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  • 08/10/2021
  • DocketMinute Order (Order to Show Cause Re: Why the Court Should Not Report Couns...)

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  • 08/10/2021
  • DocketOrder to Show Cause Re: Why the Court Should Not Report Counsel, Michael T. Chulak, to the California State Bar for Practicing Law Without A License scheduled for 08/10/2021 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 08/10/2021; Result Type to Held

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  • 08/03/2021
  • DocketCertificate of Mailing for [Minute Order (Hearing on Motion to Strike Defendant's Cross-Complaint; Hear...), Order to Show Cause re: Dismissal (Settlement)]; Filed by: Clerk

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  • 08/02/2021
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 02/03/2022 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 08/02/2021
  • DocketOrder to Show Cause re: Dismissal (Settlement); Filed by: Clerk

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  • 08/02/2021
  • DocketNon-Jury Trial scheduled for 08/16/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 08/02/2021

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  • 07/26/2021
  • DocketUpdated -- Motion to Strike (not initial pleading) TO STRIKE CROSS-COMPLAINT;: Filed By: Robert D. Goldberg, (Plaintiff); Result: Denied; Result Date: 07/26/2021

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22 More Docket Entries
  • 02/19/2019
  • DocketAnswer; Filed by: Robert D. Goldberg, (Plaintiff)

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  • 01/14/2019
  • DocketAnswer; Filed by: Fred Mercuro (Defendant)

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  • 12/03/2018
  • DocketProof of Service by Substituted Service; Filed by: Robert D. Goldberg, (Plaintiff); As to: Fred Mercuro (Defendant)

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  • 11/05/2018
  • DocketNon-Jury Trial scheduled for 05/01/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/05/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 11/05/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 11/02/2018
  • DocketComplaint; Filed by: Robert D. Goldberg, (Plaintiff); As to: Fred Mercuro (Defendant)

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  • 11/02/2018
  • DocketCivil Case Cover Sheet; Filed by: Robert D. Goldberg, (Plaintiff)

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  • 11/02/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 11/02/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 11/02/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

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Case Number: 18STLC13526 Hearing Date: July 26, 2021 Dept: 26

Goldberg v. Mercuro, et al. 18STLC13526

MOTION TO STRIKE CROSS-COMPLAINT

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(CCP §§ 435, 428.20)

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TENTATIVE RULING:

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Cross-Defendant\r\nRobert D. Goldberg’s Motion to Strike the Cross-Complaint is DENIED.

ANALYSIS:

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On November 2, 2018, Plaintiff Robert D. Goldberg\r\n(“Plaintiff”) filed the instant action for breach of contract against Defendant\r\nFred Mercuro (“Defendant”). On January 14, 2019, Defendant filed a joint Answer\r\nand Cross-Complaint against Plaintiff and Joseph Goldberg (“Cross-Defendants”).\r\nPlaintiff filed an Answer to the Cross-Complaint on February 19, 2019.\r\nPlaintiff then filed the instant Motion to Strike Cross-Complaint on June 18,\r\n2021. No opposition has been filed to date.

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Discussion

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The Motion is untimely. Motions to strike must be filed within\r\nthe time allowed to respond to a pleading, which is 30 days. (Code Civ. Proc.,\r\n§§ 435, subd. (b)(1); 432.10.) Plaintiff offers no explanation for filing the\r\nMotion to Strike 28 months after filing the Answer to the Cross-Complaint.

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Additionally, the Motion is not\r\naccompanied by a meet and confer declaration as required by Code of Civil\r\nProcedure section 435.5. “[T]he moving party shall meet and confer in person or\r\nby telephone with the party who filed the pleading that is subject to the\r\nmotion to strike for the purpose of determining if an agreement can be reached\r\nthat resolves the objections to be raised in the motion to strike.” (Code Civ.\r\nProc., § 435.5, subd. (a).) The parties are to meet and confer at least five\r\ndays before the date the responsive pleading is due. (Code Civ. Proc., § 435.5\r\n(a)(2).) Thereafter, the moving party shall file and serve a declaration\r\ndetailing their meet and confer efforts. (CCP § 435.5, subd. (a)(3).)

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Finally, motions to strike in a\r\ncourt of limited jurisdiction may only be raised on the grounds that “the\r\ndamages or relief sought are not supported by the allegations of the complaint.”\r\n(Code Civ. Proc., § 92, subd. (d).) The grounds on which the instant Motion are\r\nbrought—that Defendant improperly filed a joint Answer and Cross-Complaint as a\r\nsingle document—cannot be raised in this Court.

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Conclusion

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Defendant Robert D. Goldberg’s\r\nMotion to Strike the Cross-Complaint is DENIED.

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Court clerk to give notice.

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