This case was last updated from Los Angeles County Superior Courts on 10/21/2021 at 02:01:43 (UTC).

SPENCER KIM VS MARSHA BRIGGS, ET AL.

Case Summary

On 09/13/2019 SPENCER KIM filed a Contract - Other Contract lawsuit against MARSHA BRIGGS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******8439

  • Filing Date:

    09/13/2019

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

KIM SPENCER

Defendants

ROBINSON MARRISHA

BRIGGS MARSHA

Attorney/Law Firm Details

Plaintiff Attorney

KIM JAMIE

 

Court Documents

Minute Order - Minute Order (Hearing on Motion to Dismiss Filed by the Defendant)

8/16/2021: Minute Order - Minute Order (Hearing on Motion to Dismiss Filed by the Defendant)

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Dismiss Filed by the Defendant) of 08/16/2021

8/16/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Dismiss Filed by the Defendant) of 08/16/2021

Motion to Dismiss - Motion to Dismiss

3/30/2021: Motion to Dismiss - Motion to Dismiss

Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

3/19/2021: Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

3/22/2021: Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

Proof of Personal Service - Proof of Personal Service

12/3/2020: Proof of Personal Service - Proof of Personal Service

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

12/3/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

12/3/2020: Proof of Personal Service - Proof of Personal Service

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

12/7/2020: 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

12/7/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

12/7/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

12/7/2020: Proof of Personal Service - Proof of Personal Service

Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

12/14/2020: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Default Judgment - Default Judgment

1/5/2021: Default Judgment - Default Judgment

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

3/12/2021: 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)

9/16/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Summons - Summons on Complaint

10/3/2019: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

9/13/2019: First Amended Standing Order - First Amended Standing Order

9 More Documents Available

 

Docket Entries

  • 10/21/2021
  • Hearing10/21/2021 at 10:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Dismiss

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  • 08/16/2021
  • DocketHearing on Motion to Dismiss Filed by the Defendant scheduled for 10/21/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 08/16/2021
  • DocketMinute Order (Hearing on Motion to Dismiss Filed by the Defendant)

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  • 08/16/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Dismiss Filed by the Defendant) of 08/16/2021; Filed by: Clerk

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  • 08/16/2021
  • DocketAddress for Marsha Briggs (Defendant) updated

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  • 08/16/2021
  • DocketOn the Court's own motion, Hearing on Motion to Dismiss Filed by the Defendant scheduled for 08/16/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Continued - Court's Motion was rescheduled to 10/21/2021 10:00 AM

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  • 08/09/2021
  • DocketUpdated -- Motion to Dismiss: As To Parties: Spencer Kim (Plaintiff)

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  • 04/01/2021
  • DocketHearing on Motion to Dismiss scheduled for 08/16/2021 at 10:00 AM in Spring Street Courthouse at Department 26

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  • 03/30/2021
  • DocketMotion to Dismiss; Filed by: Marsha Briggs (Defendant)

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  • 03/22/2021
  • DocketNotice of Rejection - Pleadings; Filed by: Clerk

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20 More Docket Entries
  • 09/16/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 09/16/2019
  • DocketUpdated -- Request to Waive Court Fees: Filed By: Spencer Kim (Plaintiff); Result: Denied; Result Date: 09/16/2019; As To Parties: removed

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  • 09/16/2019
  • DocketOrder on Court Fee Waiver (Superior Court); Filed by: Clerk; As to: Spencer Kim (Plaintiff)

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  • 09/16/2019
  • DocketNon-Jury Trial scheduled for 03/12/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/16/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 09/16/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/13/2019
  • DocketComplaint; Filed by: Spencer Kim (Plaintiff); As to: Marsha Briggs (Defendant); Marrisha Robinson (Defendant)

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  • 09/13/2019
  • DocketCivil Case Cover Sheet; Filed by: Spencer Kim (Plaintiff); As to: Marsha Briggs (Defendant); Marrisha Robinson (Defendant)

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  • 09/13/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/13/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 09/13/2019
  • DocketRequest to Waive Court Fees; Filed by: Spencer Kim (Plaintiff)

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Tentative Rulings

b'

Case Number: 19STLC08439 Hearing Date: October 21, 2021 Dept: 26

PROCEEDINGS: MOTION TO DISMISS ACTION

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MOVING\r\nPARTY: Defendants Marsha R. Briggs\r\nand Marrisha Robinson

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RESP.\r\nPARTY: None

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MOTION\r\nTO DISMISS

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TENTATIVE RULING:

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Defendants Marsha R. Briggs and\r\nMarrisha Robinson’s Motion to Dismiss is DENIED.

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SERVICE:

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[X] Proof of Service Timely\r\nFiled (CRC 3.1300) NO

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[X] Correct Address (CCP 1013,\r\n1013a) NO

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[X] 16/21\r\nDay Lapse (CCP 12c and 1005(b)) NO

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SUMMARY OF COMPLAINT: Action for breach of lease agreement.

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REQUEST FOR RELIEF:\r\nUnclear. The motion is reserved as a motion to dismiss but the motion does not\r\narticulate whether Defendants want judgment entered in their favor or just have\r\nthe default judgment vacated.

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OPPOSITION: None filed as of October 17, 2021.

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REPLY: None filed as of October 17, 2021.

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ANALYSIS:

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Plaintiff Spencer Kim (“Plaintiff”) filed the instant action for breach\r\nof lease agreement and property damage against Defendants Marsha Briggs\r\nand Marrisha Robinson (“Defendants”) on September 13, 2019. Plaintiff filed proofs of personal service\r\nof the Summons and Complaint with respect to both Defendants. (Proofs of\r\nPersonal Service, filed 12/03/20 and 12/07/20.) Following Defendants’ failure\r\nto file responsive pleadings, the Court entered their default on December 7,\r\n2020. Default judgment was entered on January 5, 2021.

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Defendants filed the instant Motion to Dismiss on March 30, 2021. At the\r\ninitial hearing date on August 16, 2021, the Court noted that the Motion and\r\nNotice had not been served on Plaintiff and that the Motion was not supported\r\nby legal authority for the relief sought. (Minute Order, 08/16/21.) The Court\r\nordered Defendants to timely file and served all moving papers,\r\nincluding authority, affidavits and declarations. (Ibid.) Defendants\r\nwere warned that failure to comply with the order would result in denial of the\r\nMotion on the next hearing date. (Ibid.)

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To date, no additional moving papers, affidavits, declarations or proofs\r\nof service have been filed demonstrating compliance with the Court’s August 16,\r\n2021.

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Therefore, Defendants’ Motion to Dismiss is DENIED.

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Court clerk to give notice.

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'b'

Case Number: 19STLC08439 Hearing Date: August 16, 2021 Dept: 26

Kim v. Briggs, et al. 19STLC08439

MOTION\r\nTO DISMISS

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(???)

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TENTATIVE RULING:

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Defendants Marsha R. Briggs and\r\nMarrisha Robinson’s Motion to Dismiss is CONTINUED to October 21, 2021 at 10:00\r\nAM.

ANALYSIS:

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Plaintiff Spencer Kim (“Plaintiff”) filed the instant action for breach\r\nof lease agreement and property damage against Defendants Marsha Briggs\r\nand Marrisha Robinson (“Defendants”) on September 13, 2019. Plaintiff filed proofs of personal service\r\nof the Summons and Complaint with respect to both Defendants. (Proofs of\r\nPersonal Service, filed 12/03/20 and 12/07/20.) Following Defendants’ failure\r\nto file responsive pleadings, the Court entered their default on December 7,\r\n2020. Default judgment was entered on January 5, 2021.

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Defendants filed the instant Motion to Dismiss on March 30, 2021. No\r\nopposition has been filed to date.

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Discussion

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No proofs of service with respect to either the Motion papers or notice\r\nof hearing have been filed. Failure to give Plaintiff notice of the Motion\r\nand hearing date is a violation of the statutory requirements and of due\r\nprocess. (See Code Civ. Proc., § 1005; Jones v. Otero (1984) 156\r\nCal.App.3d 754, 757.)

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Additionally, the Motion does not\r\nindicate under what legal authority it is brought or even what specific relief\r\nDefendants seek. The Motion contends both that Defendants were not served with\r\nthis action and that Plaintiff’s claims have no merit. It appears that Defendants\r\nare seeking to vacate Judgment asserting the Judgment was void pursuant to CCP\r\n§ 473(d) or that Defendants lacked actual notice pursuant to CCP § 473.5.\r\nHowever, no affidavit or declaration is attached to the motion

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As provided for in the California\r\nRules of Court, the Motion “must contain a statement of facts, a concise\r\nstatement of the law, evidence and arguments relied on, and a discussion of the\r\nstatutes, cases, and textbooks cited in support of the position advanced.”\r\n(Cal. Rules of Court, Rule 3.1113, subd. (b).) Without a statement of law, or a\r\ndiscussion of the legal authorities that support Defendants’ position, the\r\nCourt has no basis to grant any relief.

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Conclusion

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Based on the foregoing, Defendants’\r\nMotion to Dismiss is CONTINUED to October 21, 2021, at 10:00 AM. Defendant to\r\ntimely file with the Court and to serve Plaintiff motion, and all moving papers\r\nincluding authority and affidavit and declarations. Failure to file necessary\r\ndocuments with court with accompanying proof of service demonstrating service\r\nto Plaintiff, will result in motion being Denied on next court date.

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Court clerk to give notice.

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