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This case was last updated from Los Angeles County Superior Courts on 08/25/2020 at 07:42:25 (UTC).

SPECTRUM HOLDINGS & DEVELOPMENT, LLC VS DAVID ALEXANDER MAYEN SPENCER, ET AL.

Case Summary

On 04/17/2020 SPECTRUM HOLDINGS DEVELOPMENT, LLC filed a Contract - Other Contract lawsuit against DAVID ALEXANDER MAYEN SPENCER. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3438

  • Filing Date:

    04/17/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

SPECTRUM HOLDINGS & DEVELOPMENT LLC

Defendants

MAYEN SPENCER ELIZABETH LYNN

MAYEN SPENCER DAVID ALEXANDER

MORALES MARIA VICTORIA

Attorney/Law Firm Details

Plaintiff Attorney

ITO KEN I.

 

Court Documents

Proof of Personal Service - Proof of Personal Service

7/8/2020: Proof of Personal Service - Proof of Personal Service

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

7/20/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

7/20/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

7/21/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

7/21/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

7/23/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

7/23/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Proof of Personal Service - Proof of Personal Service

7/23/2020: Proof of Personal Service - Proof of Personal Service

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

7/23/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

7/27/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

7/27/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Answer - Answer

8/11/2020: Answer - Answer

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

8/11/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

8/11/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

First Amended Standing Order - First Amended Standing Order

4/17/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

4/17/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

4/17/2020: Complaint - Complaint

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

4/17/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

10 More Documents Available

 

Docket Entries

  • 04/21/2023
  • Hearing04/21/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 10/15/2021
  • Hearing10/15/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 08/11/2020
  • DocketAnswer; Filed by: David Alexander Mayen Spencer (Defendant); Elizabeth Lynn Mayen Spencer (Defendant)

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  • 08/11/2020
  • DocketRequest to Waive Court Fees; Filed by: David Alexander Mayen Spencer (Defendant)

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  • 08/11/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: David Alexander Mayen Spencer (Defendant)

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  • 08/11/2020
  • DocketRequest to Waive Court Fees; Filed by: Elizabeth Lynn Mayen Spencer (Defendant)

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  • 08/11/2020
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Elizabeth Lynn Mayen Spencer (Defendant)

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  • 08/11/2020
  • DocketRequest to Waive Additional Court Fees (Superior Court); Filed by: Elizabeth Lynn Mayen Spencer (Defendant)

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  • 08/11/2020
  • DocketRequest to Waive Additional Court Fees (Superior Court); Filed by: David Alexander Mayen Spencer (Defendant)

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  • 07/27/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Spectrum Holdings & Development, LLC (Plaintiff)

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11 More Docket Entries
  • 07/20/2020
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by: Clerk

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  • 07/08/2020
  • DocketProof of Personal Service; Filed by: Spectrum Holdings & Development, LLC (Plaintiff); As to: David Alexander Mayen Spencer (Defendant); Elizabeth Lynn Mayen Spencer (Defendant); Maria Victoria Morales (Defendant); Service Date: 05/28/2020; Service Cost Waived: No

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  • 04/23/2020
  • DocketSummons on Complaint; Issued and Filed by: Spectrum Holdings & Development, LLC (Plaintiff); As to: David Alexander Mayen Spencer (Defendant); Elizabeth Lynn Mayen Spencer (Defendant); Maria Victoria Morales (Defendant)

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  • 04/17/2020
  • DocketNon-Jury Trial scheduled for 10/15/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 04/17/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/21/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 04/17/2020
  • DocketComplaint; Filed by: Spectrum Holdings & Development, LLC (Plaintiff); As to: David Alexander Mayen Spencer (Defendant); Elizabeth Lynn Mayen Spencer (Defendant); Maria Victoria Morales (Defendant)

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  • 04/17/2020
  • DocketCivil Case Cover Sheet; Filed by: Spectrum Holdings & Development, LLC (Plaintiff); As to: David Alexander Mayen Spencer (Defendant); Elizabeth Lynn Mayen Spencer (Defendant); Maria Victoria Morales (Defendant)

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  • 04/17/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 04/17/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 04/17/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC03438    Hearing Date: March 11, 2021    Dept: 25

HEARING DATE: Thu., March 11, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Spectrum Holdings & Development, LLC v. Spencer, et al.

CASE NUMBER: 20STLC03438 COMPL. FILED: 04-17-20

NOTICE: NO (electronic service on pro per party) DISC. C/O: 09-15-21

DISC. MOT. C/O: 09-30-21

TRIAL DATE: 10-15-21

PROCEEDINGS: MOTION TO DEEM RFAS ADMITTED AGAINST DEFENDANT DAVID ALEXANDER MAYEN SPENCER

MOVING PARTY: Plaintiff Spectrum Holdings & Development, LLC

RESP. PARTY: None

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED; REQUEST FOR SANCTIONS

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff Spectrum Holdings & Development, LLC’s Motion to Deem RFAs Admitted is DENIED.

SERVICE:

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[ ] Correct Address (CCP §§ 1013, 1013a) NO

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of March 9, 2021 [ ] Late [X] None

REPLY: None filed as of March 9, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On April 17, 2020, Plaintiff Spectrum Holdings & Development, LLC (“Plaintiff”) filed an action against Defendants David Alexander Mayen Spencer (“David”), Elizabeth Lynn Mayen-Spencer (“Elizabeth”), and Maria Victoria Morales (“Victoria”) (collectively, “Defendants”). Defendants David and Elizabeth filed an Answer, in pro per, on August 11, 2020.

On January 21, 2021, Plaintiff filed the instant Motion to Deem RFAs Admitted Against Defendant David Alexander Mayen Spencer (the “Motion”). No opposition was filed.

  1. Legal Standard & Discussion

A party must respond to requests for admissions within 30 days after service of such requests. (Code Civ. Proc., § 2033.250, subd. (a).) “If a party to whom requests for admission are directed fails to serve a timely response…(a) [that party] waives any objection to the requests, including one based on privilege or on the protection for work product…” (Code Civ. Proc., § 2033.280, subd. (a).) “The requesting party may move for an order that the genuineness of any documents and the truth of any matters specified in the requests be deemed admitted, as well as for a monetary sanction under Chapter 7.” (Id. at subd. (b).) A motion dealing with the failure to respond, rather than with inadequate responses, does not require the requesting party to meet and confer with the responding party. (Deymer v. Costa Mesa Mobile Home Estates (1995) 36 Cal.App.4th 393, 395, fn. 4 [disapproved on other grounds in Wilcox v. Birtwhistle (1999) 21 Cal.4th 973]. There is no time limit within which a motion to have matters deemed admitted must be made. (Brigante v. Huang (1993) 20 Cal.App.4th 1569, 1585.)

On October 27, 2020, Plaintiff served the first set of Requests for Admission on Defendant David via email. (Mot., Ito Decl., ¶¶ 9, 10, Exh. 1B.)

However, self-represented litigants cannot be served electronically unless they serve and file a notice with the Court expressly consenting to accept electronic service. (Cal. Rules of Court, rule 2.251, subd. (b); see also Code Civ. Proc., § 1010.6, subd. (d)(4).) The Court finds no such consent was filed here. As Defendant David was not properly served with the discovery, the Motion is DENIED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Spectrum Holdings & Development, LLC’s Motion to Deem RFAs Admitted is DENIED.

Moving party is ordered to give notice.

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