This case was last updated from Los Angeles County Superior Courts on 09/03/2019 at 14:56:05 (UTC).

SOCAL LIEN SOLUTIONS, LLC VS CHARLENE MONCRIEF, ET AL.

Case Summary

On 10/15/2018 SOCAL LIEN SOLUTIONS, LLC filed a Contract - Other Contract lawsuit against CHARLENE MONCRIEF. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3007

  • Filing Date:

    10/15/2018

  • Case Status:

    Other

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

SOCAL LIEN SOLUTIONS LLC

Defendants

MONCRIEF CHARLENE

MONCRIEF ZACHARY

Attorney/Law Firm Details

Plaintiff Attorney

PARIKH SAGAR P.

Attorney at Beverly Hills Law Corp., PC

433 N Camden Dr 6Th Fl

Beverly Hills, CA 90210

Defendant Attorney

LAPEDIS JACK MARSHALL

Attorney at Law Offices of Jack M. LaPedis

4804 Laurel Canyon Blvd Ste 1110

Valley Village, CA 91607

 

Court Documents

Application and Order for Appearance and Examination - Application and Order for Appearance and Examination

7/24/2019: Application and Order for Appearance and Examination - Application and Order for Appearance and Examination

Request for Dismissal - Request for Dismissal

5/28/2019: Request for Dismissal - Request for Dismissal

Request for Dismissal - Request for Dismissal

5/30/2019: Request for Dismissal - Request for Dismissal

Minute Order - Minute Order (Court Order)

12/13/2018: Minute Order - Minute Order (Court Order)

Request for Refund / Order - Request for Refund / Order

3/18/2019: Request for Refund / Order - Request for Refund / Order

Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

1/18/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Minute Order - Minute Order (Hearing on Motion - Other to compel arbitration)

12/12/2018: Minute Order - Minute Order (Hearing on Motion - Other to compel arbitration)

Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order) of 12/13/2018

12/13/2018: Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order) of 12/13/2018

Certificate of Mailing for - Certificate of Mailing for Minute Order (Nunc Pro Tunc Order) of 12/17/2018

12/17/2018: Certificate of Mailing for - Certificate of Mailing for Minute Order (Nunc Pro Tunc Order) of 12/17/2018

Minute Order - Minute Order (Nunc Pro Tunc Order)

12/17/2018: Minute Order - Minute Order (Nunc Pro Tunc Order)

Reply (name extension) - Reply Reply Re: Petition To Compel Binding Arbitration

12/5/2018: Reply (name extension) - Reply Reply Re: Petition To Compel Binding Arbitration

Opposition (name extension) - Opposition to Petition to Compel Arbitration

11/29/2018: Opposition (name extension) - Opposition to Petition to Compel Arbitration

Motion to Compel Arbitration - Motion to Compel Arbitration

11/13/2018: Motion to Compel Arbitration - Motion to Compel Arbitration

Motion to Compel Arbitration - Amended Motion to Compel Arbitration

11/13/2018: Motion to Compel Arbitration - Amended Motion to Compel Arbitration

Summons - Summons on Complaint

10/15/2018: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

10/15/2018: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint For Goods and Services Rendered

10/15/2018: Complaint - Complaint For Goods and Services Rendered

8 More Documents Available

 

Docket Entries

  • 09/10/2019
  • Hearingat 01:30 PM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Application for Order for Appearance and Examination

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  • 07/26/2019
  • DocketHearing on Application for Order for Appearance and Examination scheduled for 09/10/2019 at 01:30 PM in Stanley Mosk Courthouse at Department 94

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  • 07/24/2019
  • DocketApplication and Order for Appearance and Examination; Filed by: Charlene Moncrief (Defendant); Zachary Moncrief (Defendant); As to: SoCal Lien Solutions, LLC (Plaintiff)

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  • 05/30/2019
  • DocketOn the Complaint filed by SoCal Lien Solutions, LLC on 10/15/2018, entered Request for Dismissal without prejudice filed by SoCal Lien Solutions, LLC

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  • 05/30/2019
  • DocketRequest for Dismissal; Filed by: SoCal Lien Solutions, LLC (Plaintiff); As to: Charlene Moncrief (Defendant); Zachary Moncrief (Defendant)

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  • 05/30/2019
  • DocketUpdated -- Request for Dismissal Not Entered: Name Extension: Not Entered; As To Parties changed from Charlene Moncrief (Defendant), Zachary Moncrief (Defendant) to Charlene Moncrief (Defendant), Zachary Moncrief (Defendant)

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  • 05/30/2019
  • DocketStatus Conference re: Arbitration scheduled for 06/24/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 05/30/2019

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  • 05/30/2019
  • DocketThe case is removed from the special status of: Stay - Binding Arbitration

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  • 05/30/2019
  • DocketERROR with ROA message definition 129 with DismissalParty:1639393 resulted in empty message

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  • 05/30/2019
  • DocketERROR with ROA message definition 129 with DismissalParty:1639394 resulted in empty message

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19 More Docket Entries
  • 11/13/2018
  • DocketAmended Motion to Compel Arbitration; Filed by: Charlene Moncrief (Defendant); Zachary Moncrief (Defendant); As to: SoCal Lien Solutions, LLC (Plaintiff)

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  • 11/13/2018
  • DocketMotion to Compel Arbitration; Filed by: Charlene Moncrief (Defendant); Zachary Moncrief (Defendant); As to: SoCal Lien Solutions, LLC (Plaintiff)

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  • 11/13/2018
  • DocketHearing on Motion - Other to compel arbitration scheduled for 12/12/2018 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/20/2018
  • DocketNon-Jury Trial scheduled for 04/13/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/20/2018
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 10/18/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 10/15/2018
  • DocketComplaint For Goods and Services Rendered; Filed by: SoCal Lien Solutions, LLC (Plaintiff); As to: Charlene Moncrief (Defendant); Zachary Moncrief (Defendant)

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  • 10/15/2018
  • DocketCivil Case Cover Sheet; Filed by: SoCal Lien Solutions, LLC (Plaintiff)

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  • 10/15/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 10/15/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 10/15/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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Tentative Rulings

Case Number: 18STLC13007    Hearing Date: September 23, 2020    Dept: 26

SoCal Lien Solutions, LLC v. Moncrief, et al

MOTION FOR SANCTIONS

(CCP §§ 708.110, 708.150, 708.170, 680.230, and 680.270)

TENTATIVE RULING:

Defendants Charlene Moncrief and Zachary Moncrief’s Motion for Sanctions and Attorney’s Fees is GRANTED IN THE AMOUNT OF $4,125.00.

ANALYSIS:

On October 15, 2018, Plaintiff Socal Lien Solutions, LLC (“Plaintiff”) filed this action for goods and services rendered against Defendants Charlene Moncrief and Zachary Moncrief (“Defendants”). Plaintiff is an assignee to an assignor who allegedly provided labor, materials, and services to Defendants’ real property. (Compl. ¶¶ 7, 10.) On December 13, 2018, the Court granted Defendants’ motion to compel arbitration and awarded Defendants attorney’s fees of $2,000.00. (Minute Order, 12/13/18.) On May 28, 2019, Plaintiff dismissed the action without prejudice.

Defendants filed an Application and Order for Appearance and Examination whereby Plaintiff was ordered to appear on September 10, 2019. Following Plaintiff’s failure to appear at the Examination, Defendants filed the instant Motion for Sanctions on February 18, 2020. Plaintiff filed an opposition on February 27, 2020 and Defendants replied on March 4, 2020

Discussion

Initially, the Court sustains Defendants’ evidentiary objection to the exhibit attached to Plaintiff’s opposition evidence. The exhibit is not authenticated by any supporting declaration. (See Cal. Evid. Code § 1400.) The Court declines to rule on Plaintiff’s objections to statements in the opposition brief, however. It is axiomatic that evidentiary objections must be made to evidence, not argument.

Defendants move for sanctions against Plaintiff for failure to appear at the September 10, 2019 judgment debtor examination under Code of Civil Procedure section 708.170, which provides:

(a) If an order requiring a person to appear for an examination was served by a sheriff, marshal, a person specially appointed by the court in the order, or a registered process server, and the person fails to appear:

. . .

(2) If the person’s failure to appear is without good cause, the judgment creditor shall be awarded reasonable attorney's fees incurred in the examination proceeding. Attorney's fees awarded against the judgment debtor shall be added to and become part of the principal amount of the judgment.

(Code Civ. Proc., § 708.170, subd. (a)(2).) It is undisputed that Plaintiff failed to appear for the Examination on September 10, 2019. No good cause for Plaintiff’s non-appearance exists in the record. The Application and Order for Appearance and Examination was served on Plaintiff by registered process server specially appointed by the Court in the order. (Motion, LaPedis Decl., ¶6 and Exh. C.)

In opposition, Plaintiff argues that it failed to appear for the Examination because it was a suspended corporation from on or about July 18, 2019 until December 3, 2019 and therefore precluded from participating in litigation. (Opp., p. 1:24-26.) For the reasons discussed above, no competent evidence supports Plaintiff’s contention that it was a suspended corporation on the date of the Examination.

As required by Code of Civil Procedure section 708.110, subdivision (e), the Order for Examination warns the judgment debtor that it may be subject to sanctions for failure to appear. (Motion, LePedis Decl., Exh. C.) Defendants are entitled to an award of sanctions in the amount of $1,500.00 based on defense counsel’s reasonable hourly rate of $375.00 for the four hours spent preparing the Application for Order for Appearance and Examination, and preparing for and appearing at the Examination. (Id. at ¶¶12-13.)

Defendants also request an award for attorney’s fees for bringing the instant Motion. “Attorney's fees incurred in enforcing a judgment are included as costs collectible … if the underlying judgment includes an award of attorney's fees to the judgment creditor . . . .” (Code Civ. Proc., § 685.040.) The order granting Defendants’ petition to compel arbitration awarded attorney’s fees, thereby entitling them to recovery of attorney’s fees to enforce the judgment. (Order Granting Petition to Compel Binding Arbitration, 2/15/19, ¶5.) Based on a lodestar calculation, attorney’s fees are awarded in the amount of $2,625.00 based on seven hours of defense counsel’s time. (Motion, LePedis Decl., ¶6.)

Finally, as to Defendants’ request that the Court order Plaintiff to pay the judgment and the above awarded fees within 14 days, no authority is cited for such an order, which the Court declines to make.

Conclusion

Defendants Charlene Moncrief and Zachary Moncrief’s Motion for Sanctions and Attorney’s Fees is GRANTED IN THE AMOUNT OF $4,125.00.

Moving party to give notice.

Case Number: 18STLC13007    Hearing Date: March 11, 2020    Dept: 26

MOTION FOR SANCTIONS

(CCP § 708.170)

TENTATIVE RULING:   

On the Court’s own motion, Defendants Charlene Moncrief and Zachary Moncrief’s Motion for Sanctions is CONTINUED TO MAY 13, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. NO FURTHER BRIEFING PERMITTED.

Court clerk to give notice.

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