This case was last updated from Los Angeles County Superior Courts on 10/17/2021 at 00:02:31 (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 Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******3438

  • Filing Date:

    04/17/2020

  • Case Status:

    Other

  • Case Type:

    Contract - Other Contract

  • 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

Answer - Answer

8/21/2020: Answer - Answer

Notice: Waiver of Court Fees (Superior Court) - Notice: Waiver of Court Fees (Superior Court)

8/31/2020: Notice: Waiver of Court Fees (Superior Court) - Notice: Waiver of Court Fees (Superior Court)

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

9/11/2020: 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)

9/11/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

1/21/2021: Motion to Deem RFA's Admitted - Motion to Deem RFA's Admitted

Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

1/22/2021: Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion - Motion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion

Substitution of Attorney - Substitution of Attorney

2/5/2021: Substitution of Attorney - Substitution of Attorney

Request for Dismissal - Request for Dismissal

3/10/2021: Request for Dismissal - Request for Dismissal

Substitution of Attorney - Substitution of Attorney

4/1/2021: Substitution of Attorney - Substitution of Attorney

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

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

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

19 More Documents Available

 

Docket Entries

  • 04/01/2021
  • DocketSubstitution of Attorney; Filed by: Spectrum Holdings & Development, LLC (Plaintiff)

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  • 03/11/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 05/06/2021 at 10:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 03/11/2021

    Read MoreRead Less
  • 03/11/2021
  • DocketNon-Jury Trial scheduled for 10/15/2021 at 08:30 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 03/11/2021

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  • 03/11/2021
  • 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 Not Held - Vacated by Court on 03/11/2021

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  • 03/11/2021
  • DocketHearing on Motion to Deem Request for Admissions Admitted scheduled for 03/11/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Not Held - Vacated by Court on 03/11/2021

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  • 03/10/2021
  • DocketOn the Complaint filed by Spectrum Holdings & Development, LLC on 04/17/2020, entered Request for Dismissal with prejudice filed by Spectrum Holdings & Development, LLC as to David Alexander Mayen Spencer, Elizabeth Lynn Mayen Spencer, and Maria Victoria Morales

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  • 02/05/2021
  • DocketSubstitution of Attorney; Filed by: Spectrum Holdings & Development, LLC (Plaintiff)

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  • 01/25/2021
  • DocketHearing on Motion to Deem Request for Admissions Admitted scheduled for 03/11/2021 at 10:00 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 01/25/2021
  • DocketHearing on Motion to Compel Discovery (not "Further Discovery") scheduled for 05/06/2021 at 10:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 01/22/2021
  • DocketMotion to Compel Discovery (not Further Discovery) - 1 moving party, 1 motion; 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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34 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
  • 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

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

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

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

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

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

    Read MoreRead Less

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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