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This case was last updated from Los Angeles County Superior Courts on 08/16/2019 at 23:44:24 (UTC).

SIMON RESNIK HAYES LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP VS CYNERGY GROUP LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

Case Summary

On 04/12/2018 SIMON RESNIK HAYES LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP filed a Property - Other Real Property lawsuit against CYNERGY GROUP LLC, A CALIFORNIA LIMITED LIABILITY COMPANY. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5634

  • Filing Date:

    04/12/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

SIMON RESNIK HAYES LLP A CALIFORNIA LIMITED LIABILITY PARTNERSHIP

Defendants

CARDENAS GENEVIVE

CYNERGY GROUP LLC A CALIFORNIA LIMITED LIABILITY COMPANY

HERRERA JUAN

SHEHATA MARK

GLOBAL NETWORK INVESTMENTS LLC A CALIFORNIA LIMITED LIABILITY COMPANY

CABRERA ANA M

CYNERGY GROUP INTERNATIONAL LLC

Attorney/Law Firm Details

Plaintiff Attorneys

RESNIK MATTHEW DAVID

KRITZER DAVID M. ESQ

 

Court Documents

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

6/28/2019: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name) Cynergy Group International, LLC

4/26/2019: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name) Cynergy Group International, LLC

Notice of Change of Address or Other Contact Information

6/14/2018: Notice of Change of Address or Other Contact Information

Proof of Service by Substituted Service

5/31/2018: Proof of Service by Substituted Service

Summons - on Complaint

4/12/2018: Summons - on Complaint

Civil Case Cover Sheet

4/12/2018: Civil Case Cover Sheet

Complaint

4/12/2018: Complaint

Notice of Case Assignment - Limited Civil Case

4/12/2018: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 04/15/2021
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 10/10/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 06/28/2019
  • DocketProof of Service by Substituted Service; Filed by: Simon Resnik Hayes LLP a California Limited Liability Partnership (Plaintiff); As to: Cynergy Group International, LLC (Defendant); Proof of Mailing Date: 06/25/2019; Service Cost: 128.60; Service Cost Waived: No

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  • 06/13/2019
  • DocketUpdated -- Amendment to Complaint (Fictitious/Incorrect Name) Cynergy Group International, LLC: As To Parties changed from Cynergy Group LLC, a California Limited Liability Company (Defendant) to Cynergy Group International, LLC (Defendant)

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  • 06/13/2019
  • DocketUpdated -- Cynergy Group International, LLC (Defendant): Organization Name changed from Cynergy Group LLC, a California Limited Liability Company to Cynergy Group International, LLC

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  • 04/26/2019
  • DocketAmendment to Complaint (Fictitious/Incorrect Name) Cynergy Group International, LLC; Signed and Filed by: Simon Resnik Hayes LLP a California Limited Liability Partnership (Plaintiff); As to: Cynergy Group International, LLC (Defendant); Type: Fictitious Name

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  • 02/04/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 06/14/2018
  • DocketUpdated -- David M. Resnik (Attorney): First Name changed from Matthew to David; Organization Name changed from Simon Resnik Hayes LLP to Resnik Hayes Moradi LLP; Middle Name changed from David to M.

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  • 06/14/2018
  • DocketAddress for David M. Resnik (Attorney) null

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  • 06/14/2018
  • DocketUpdated -- David M. Kritzer, Esq (Attorney): Last Name changed from Resnik to Kritzer; Name Suffix: Esq

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  • 06/14/2018
  • DocketNotice of Change of Address or Other Contact Information; Filed by: David M. Kritzer, Esq (Attorney)

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  • 05/31/2018
  • DocketProof of Service by Substituted Service; Filed by: Simon Resnik Hayes LLP a California Limited Liability Partnership (Plaintiff); As to: Cynergy Group LLC, a California Limited Liability Company (Defendant); Proof of Mailing Date: 05/24/18; Service Cost: 91.21; Service Cost Waived: No

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  • 04/12/2018
  • DocketComplaint; Filed by: Simon Resnik Hayes LLP a California Limited Liability Partnership (Plaintiff); As to: Cynergy Group LLC, a California Limited Liability Company (Defendant); Global Network Investments LLC, a California Limited Liability Company (Defendant); Mark Shehata (Defendant) et al.

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  • 04/12/2018
  • DocketCivil Case Cover Sheet; Filed by: Simon Resnik Hayes LLP a California Limited Liability Partnership (Plaintiff)

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  • 04/12/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 04/12/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/12/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 77 Stanley Mosk Courthouse

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  • 04/12/2018
  • DocketNon-Jury Trial scheduled for 10/10/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 04/12/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 04/15/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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Tentative Rulings

Case Number: 18STLC05634    Hearing Date: January 19, 2021    Dept: 25

HEARING DATE: Tue., January 19, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Simon Resnik Hayes, LLP v. Cynergy Group, LLC, et al.

CASE NUMBER: 18STLC05634 COMP. FILED: 04-12-18

NOTICE: OK DISMISSAL: 02-13-20

PROCEEDINGS: MOTION FOR ORDER TO SET ASIDE DISMISSAL

MOVING PARTY: Plaintiff Simon Resnik Hayes, LLP

RESP. PARTY: None

MOTION TO SET ASIDE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff Simon Resnik Hayes, LLP’s Motion to Set Aside Dismissal is DENIED.

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: None filed as of January 14, 2020 [ ] Late [X] None

REPLY: None filed as of January 14, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On April 12, 2018, Plaintiff Simon Resnik Hayes, LLP (“Plaintiff”) filed an action to set aside fraudulent transfers of real property, imposition of constructive trust, equitable lien, and for damages against Cynergy Group, LLC, Global Network Investments, LLC, Mark Shehata (“Shehata”), Juan Herrera (“Herrera”), Genevive Cardenas (“Cardenas”), and Ana M. Cabrera (“Cabrera”) (collectively, “Defendants”). On April 26, 2019, Plaintiff amended the Complaint to correct Defendant’s name to Cynergy Group International, LLC. (4/26/19 Amendment.) Defendant Cynergy was served via substitute service on June 24, 2019, and Defendant Global was served via substitute service on November 1, 2019. (10/9/19 Proof of Service; 11/4/19 Proof of Service.)

A non-jury trial was scheduled for October 10, 2019. At that time, Counsel for Plaintiff informed the Court that service had not yet been effectuated on all defendants. (10/10/19 Minute Order.) The Court placed the trial off calendar and an Order to Show Cause re Failure to File Proofs of Service was scheduled for February 13, 2020. (Id.) Plaintiff dismissed Defendants Cabrera, Herrera, and Cardenas on November 6, 2019. (11/5/19 Request for Dismissal.)

At the February 13 hearing, there were no appearances by or for either side by 10:51 a.m. and, after placing the matter on second call, the Court ordered the case dismissed without prejudice. (2/13/20 Minute Order.)

On August 21, 2020, Plaintiff filed the instant Motion for Order to Set Aside Dismissal (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard & Discussion

Plaintiff seeks relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., p. 2:1-8.) Under this statute, an application for relief must be made no more than six months after entry of the judgment, dismissal, order, or other proceeding from which relief is sought and must be accompanied by an affidavit of fault attesting to the mistake, inadvertence, surprise or neglect of the moving party or its attorney. (Code Civ. Proc., § 473, subd. (b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.)

Plaintiff seeks to set aside the February 13, 2020 dismissal due to counsel’s mistake, surprise, and excusable neglect. (Mot., p. 6:1-11, 20-24, Kritzer Decl., ¶¶ 10-16.) Specifically, Plaintiff’s counsel states that he mistakenly assumed that the OSC hearing would be taken off calendar and that no appearance would be necessary if the remaining proofs of service were timely filed. (Id.) Counsel also states he was surprised the case was dismissed as the first notice he received of the dismissal was in July 2020 when he conducted a review of his files after returning to his office following the COVID-19 shutdown. (Id.)

However, the Motion is untimely. As noted above, a request for relief under Section 473, subdivision (b), must be made no later than six months after entry of the dismissal. As the dismissal was entered on February 13, 2020, this Motion should have been filed no later than August 13, 2020. As it was filed on August 21, 2020, it is untimely and the Court must DENY the request.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Simon Resnik Hayes, LLP’s Motion to Set Aside Dismissal is DENIED.

Moving party is ordered to give notice.

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