This case was last updated from Los Angeles County Superior Courts on 02/18/2021 at 21:22:42 (UTC).

SUSAN BARILICH PC VS ANTHONY C. DUFFY, ET AL.

Case Summary

On 06/22/2020 SUSAN BARILICH PC filed a Contract - Other Contract lawsuit against ANTHONY C DUFFY. 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:

    *******5229

  • Filing Date:

    06/22/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

SUSAN BARILICH PC

Defendants

LAW OFFICES OF ANTHONY C. DUFFY

DUFFY ANTHONY C.

Attorney/Law Firm Details

Plaintiff Attorney

BARILICH SUSAN MARIE

 

Court Documents

Opposition (name extension) - Opposition to Motion to Change Venue and Transfer Case

2/1/2021: Opposition (name extension) - Opposition to Motion to Change Venue and Transfer Case

Objection (name extension) - Objection to Declaration of Anthony C. Duffy

2/1/2021: Objection (name extension) - Objection to Declaration of Anthony C. Duffy

Reply (name extension) - Reply re Motion to Change Venue or Transfer Action

2/9/2021: Reply (name extension) - Reply re Motion to Change Venue or Transfer Action

Objection (name extension) - Objection Request to Strike Reply

2/10/2021: Objection (name extension) - Objection Request to Strike Reply

Minute Order - Minute Order (Hearing on Motion for Change of Venue)

2/16/2021: Minute Order - Minute Order (Hearing on Motion for Change of Venue)

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

7/31/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Proof of Personal Service - Proof of Personal Service

7/31/2020: Proof of Personal Service - Proof of Personal Service

Motion for Change of Venue - Motion for Change of Venue

8/5/2020: Motion for Change of Venue - Motion for Change of Venue

Declaration (name extension) - Declaration Declaration of A. Duffy in Support of Motion for Change of Venue

8/5/2020: Declaration (name extension) - Declaration Declaration of A. Duffy in Support of Motion for Change of Venue

Memorandum of Points & Authorities - Memorandum of Points & Authorities

8/5/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Complaint - Complaint

6/22/2020: Complaint - Complaint

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

6/22/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

6/22/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

6/23/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

6/23/2020: Summons - Summons on Complaint

3 More Documents Available

 

Docket Entries

  • 06/26/2023
  • Hearing06/26/2023 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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  • 12/20/2021
  • Hearing12/20/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 02/16/2021
  • DocketMinute Order (Hearing on Motion for Change of Venue)

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  • 02/16/2021
  • DocketHearing on Motion for Change of Venue scheduled for 02/16/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 02/16/2021; Result Type to Held - Motion Denied

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  • 02/10/2021
  • DocketObjection Request to Strike Reply; Filed by: Susan Barilich PC (Plaintiff)

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  • 02/09/2021
  • DocketReply re Motion to Change Venue or Transfer Action; Filed by: Anthony C. Duffy (Defendant); Law Offices of Anthony C. Duffy (Defendant)

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  • 02/01/2021
  • DocketOpposition to Motion to Change Venue and Transfer Case; Filed by: Susan Barilich PC (Plaintiff)

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  • 02/01/2021
  • DocketObjection to Declaration of Anthony C. Duffy; Filed by: Susan Barilich PC (Plaintiff)

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  • 08/06/2020
  • DocketHearing on Motion for Change of Venue scheduled for 02/16/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 08/05/2020
  • DocketMotion for Change of Venue; Filed by: Anthony C. Duffy (Defendant); Anthony C. Duffy (Defendant); Law Offices of Anthony C. Duffy (Defendant)

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2 More Docket Entries
  • 07/31/2020
  • DocketProof of Service by Substituted Service; Filed by: Susan Barilich PC (Plaintiff); As to: Anthony C. Duffy (Defendant); Proof of Mailing Date: 07/29/2020; Service Cost: 203.90; Service Cost Waived: No

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  • 07/31/2020
  • DocketProof of Personal Service; Filed by: Susan Barilich PC (Plaintiff); As to: Law Offices of Anthony C. Duffy (Defendant); Service Date: 07/06/2020; Service Cost: 96.50; Service Cost Waived: No

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  • 06/23/2020
  • DocketNon-Jury Trial scheduled for 12/20/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 06/23/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/26/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 06/23/2020
  • DocketSummons on Complaint; Issued and Filed by: Susan Barilich PC (Plaintiff); As to: Anthony C. Duffy (Defendant); Anthony C. Duffy (Defendant); Law Offices of Anthony C. Duffy (Defendant)

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  • 06/23/2020
  • DocketCivil Case Cover Sheet; Filed by: Susan Barilich PC (Plaintiff)

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  • 06/23/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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  • 06/22/2020
  • DocketComplaint; Filed by: Susan Barilich PC (Plaintiff); As to: Anthony C. Duffy (Defendant); Law Offices of Anthony C. Duffy (Defendant)

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  • 06/22/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/22/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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Tentative Rulings

Case Number: 20STLC05229    Hearing Date: May 6, 2021    Dept: 25

PROCEEDINGS: (1) DEMURRER TO CROSS-COMPLAINT

(2) MOTION TO STRIKE CERTAIN CLAIMS AND ALLEGATIONS OF CROSS-COMPLAINT

MOVING PARTY: Plaintiff and Cross-Defendant Susan Barilich, P.C.

RESP. PARTY: Defendants and Cross-Complainants Anthony C. Duffy and Law Offices of Duffy, Inc.

DEMURRER WITH MOTION TO STRIKE

(CCP § 430.10, et seq; § 435)

TENTATIVE RULING:

Plaintiff and Cross-Defendant Susan Barilich’s Demurrer to the Cross-Complaint and Motion to Strike are PLACED OFF CALENDAR AS MOOT.

In addition, because the damages sought in the First Amended Cross-Complaint exceed the jurisdictional limits of this Court, the matter is RECLASSIFIED as an unlimited jurisdiction action and is transferred to the reclassification desk for reassignment.

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: Filed on April 23, 2021 [ ] Late [ ] None

REPLY: None filed as of May 4, 2021 [ ] Late [X] None

ANALYSIS:

I. Background

On June 22, 2020, Plaintiff Susan Barilich, P.C. (“Barilich P.C.”) filed an action for breach of contract, account stated, open book account, quantum meruit, fraud, and unjust enrichment against Defendants Anthony Duffy (“Duffy”) and Law Offices of Anthony Duffy (“Law Offices”).

Duffy and Law Offices filed an Answer on March 11, 2021 and a Cross-Complaint on March 25, 2021 against Jeanne McKinley (“McKinley”), individually and as executor of the Estate of Bernadette Claire McKinley, Barilich P.C., and Susan Barilich (“Barilich”) individually.

On April 9, Barilich P.C. filed the instant Demurrer to the Cross-Complaint (the “Demurrer”) and Motion to Strike Certain Claims and Allegations of the Cross-Complaint (the “Motion to Strike”).

Duffy and Law Offices filed a First Amended Cross-Complaint (the “FACC”) on April 22. The following day, Duffy and Law Offices filed an opposition. Because Duffy and Law Offices filed a FACC, the Demurrer and Motion to Strike are PLACED OFF CALENDAR AS MOOT. (Code Civ. Proc., § 472.)

In addition, the FACC seeks damages of $50,388.78 (FACC, Prayer), which is over the $25,000.00 jurisdictional limit of this Court (Code Civ. Proc., § 86, subd. (a)(1). Duffy and Law Offices each paid the reclassification fee on March 26, 2021.

Thus, the action is RECLASSIFIED as an unlimited jurisdiction action and is transferred to the reclassification desk for reassignment. (Code Civ. Proc., § 403.040, subd. (a).)

II. Conclusion & Order

For the foregoing reasons, Plaintiff and Cross-Defendant Susan Barilich’s Demurrer to the Cross-Complaint and Motion to Strike are PLACED OFF CALENDAR AS MOOT.

In addition, because the damages sought in the First Amended Cross-Complaint exceed the jurisdictional limits of this Court, the matter is RECLASSIFIED as an unlimited jurisdiction action and is transferred to the reclassification desk for reassignment

Moving party is ordered to give notice.

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