On 08/16/2018 ROBERT LUPER filed a Civil Right - Other Civil Right lawsuit against BSN ENTERPRISES, INC. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Other.
*******0660
08/16/2018
Other
Spring Street Courthouse
Los Angeles, California
JON R. TAKASUGI
LUPER ROBERT
BSN ENTERPRISES INC.
CARSON CHRISTINA MICHELLE
SONDH JASKARAN SINGH
RICHARDSON LYNE ANN
7/28/2020: Request for Dismissal - Request for Dismissal
6/10/2020: Order to Show Cause re: Dismissal (Settlement) - Order to Show Cause re: Dismissal (Settlement)
6/10/2020: Notice of Settlement - Notice of Settlement
4/27/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities
4/27/2020: Notice (name extension) - Notice STATEMENT OF FACTS
4/27/2020: Motion for Summary Adjudication - Motion for Summary Adjudication
9/9/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
9/26/2019: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information
10/24/2019: Opposition (name extension) - Opposition to Plaintiff Robert Luper's Motion to File First Amended Complaint
1/13/2020: Minute Order - Minute Order (Hearing on Motion for Leave to Amend PLAINTIFFS NOTICE OF MO...)
7/18/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order
5/15/2019: Motion for Leave to Amend (name extension) - Motion for Leave to Amend PLAINTIFFS NOTICE OF MOTION AND MOTION TO FILE FIRST AMENDED COMPLAINT
1/25/2019: Substitution of Attorney - Substitution of Attorney
9/27/2018: Proof of Service by Substituted Service
8/16/2018: Civil Case Cover Sheet
8/16/2018: Summons - on Complaint
8/16/2018: Complaint
8/16/2018: Notice of Case Assignment - Limited Civil Case
DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 06/02/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 07/31/2020
DocketOn the Complaint filed by Robert Luper on 08/16/2018, entered Request for Dismissal with prejudice filed by Robert Luper as to the entire action
DocketRequest AND ORDER FOR ADDITIONAL TIME TO COMPLETE SETTLEMENT; Filed by: Robert Luper (Plaintiff)
DocketUpdated -- Notice of Settlement: Status Date changed from 06/10/2020 to 06/10/2020; As To Parties: removed
DocketOrder to Show Cause - Hearing re: Dismissal Date scheduled for 06/02/2021 at 10:30 AM in Spring Street Courthouse at Department 25
DocketOrder to Show Cause re: Dismissal (Settlement); Filed by: Clerk
DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/19/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 06/10/2020
DocketNon-Jury Trial scheduled for 08/14/2020 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 06/10/2020
DocketMemorandum of Points & Authorities; Filed by: Robert Luper (Plaintiff)
DocketNotice STATEMENT OF FACTS; Filed by: Robert Luper (Plaintiff); As to: BSN Enterprises, Inc. (Defendant)
DocketSubstitution of Attorney; Filed by: BSN Enterprises, Inc. (Defendant)
DocketAnswer; Filed by: BSN Enterprises, Inc. (Defendant)
DocketProof of Service by Substituted Service; Filed by: Robert Luper (Plaintiff); As to: BSN Enterprises, Inc. (Defendant); Proof of Mailing Date: 09/14/18; Service Cost: 20.00; Service Cost Waived: No
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketSummons on Complaint; Issued and Filed by: Clerk
DocketCivil Case Cover Sheet; Filed by: Robert Luper (Plaintiff)
DocketComplaint; Filed by: Robert Luper (Plaintiff); As to: BSN Enterprises, Inc. (Defendant)
DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse
DocketNon-Jury Trial scheduled for 02/13/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 08/19/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94
Case Number: 18STLC10660 Hearing Date: January 13, 2020 Dept: 94
LEAVE TO AMEND PLEADING
(CRC Rule 3.1324)
TENTATIVE RULING:
Plaintiff Robert Luper’s Motion for Leave to File First Amended Complaint is PLACED OFF CALENDAR.
ANALYSIS:
On August 16, 2018, Plaintiff Robert Luper (“Plaintiff”) brought this action for violation of the Unruh Civil Rights Act against Defendant BSN Enterprises, Inc. (“Defendant”). On May 15, 2019, Plaintiff filed the instant Motion for Leave to File Amended the Complaint (the “Motion”). The Motion was twice continued by the Court prior to the hearing. Defendant filed an Opposition on October 24, 2019.
The Motion came for hearing on November 6, 2019, at which time the Court noted that Plaintiff had failed to provide a declaration as mandated by California Rules of Court, Rule 3.1324, subdivision (b). The Court continued the matter to January 13, 2020 and ordered Plaintiff to file supplemental briefing to satisfy the requirements of Rule 3.1324, subdivision (b). (Minute Order, 11/6/19.) The Court further gave Defendant leave to respond to the supplemental briefing.
To date, Plaintiff has not filed supplemental briefing as permitted by the Court. The Court further notes that the Motion for Leave to Amend seeks an order that reclassifying the action as an unlimited civil case. (Notice of Motion, ¶10.) Yet the Motion fails to address the statutory requirements for reclassification pursuant to Code of Civil Procedure section 403.040. Based on the foregoing, Plaintiff’s Motion for Leave to File First Amended Complaint is PLACED OFF CALENDAR.
Court clerk to give notice.
Case Number: 18STLC10660 Hearing Date: November 06, 2019 Dept: 94
Luper v. BSN, et al.
MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT
(CCP § 426.50)
TENTATIVE RULING:
For the reasons stated below, the Court may not grant Plaintiff Robert Luper’s Motion for Leave to File First Amended Complaint at this time.
ANALYSIS:
I. Background
On August 16, 2018, Plaintiff Robert Luper (“Plaintiff”) brought this action for violation of the Unruh Civil Rights Act against Defendant BSN Enterprises, Inc. (“Defendant”). Nine months later, Plaintiff filed the instant Motion for Leave to File Amended the Complaint (the “Motion”). Defendant filed an Opposition on October 24, contending that the Motion is procedurally defective. (Oppo. p. 3.)
II. Discussion
Pursuant to California Rule of Court 3.1324, subdivision (b), a party moving for leave to amend must include a separate declaration that specifies:
1. the effect of the amendment,
2. why the amendment is necessary and proper,
3. when the facts giving rise to the amended allegations were discovered; and
4. the reasons why the request for amendment was not made earlier.
(CRC, rule 3.1324(b).)
Here, plaintiff has not attached the required declaration as mandated by Rule 3.1324(b). For this reason, the Court cannot grant the Motion.
III. Conclusion & Order
If Plaintiff is able to persuade the Court at the hearing that he could satisfy the requirements of CRC, rule 3.1324(b), the Court is inclined to continue this Motion to afford Plaintiff an opportunity to file supplemental briefing and Defendant an opportunity to respond to the supplemental briefing. Otherwise, the Court will deny the Motion without prejudice.
Moving party is to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SMCdept94@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.