This case was last updated from Los Angeles County Superior Courts on 08/02/2019 at 01:11:41 (UTC).

THEODORE MERCURE VS LEONARD GROVE

Case Summary

On 09/18/2018 a Other - Arbitration case was filed by THEODORE MERCURE against LEONARD GROVE in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2398

  • Filing Date:

    09/18/2018

  • Case Status:

    Disposed - Other Disposed

  • Case Type:

    Other - Arbitration

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

JON R. TAKASUGI

 

Party Details

Petitioner

MERCURE THEODORE

Respondent

GROVE LEONARD

 

Court Documents

Notice of Hearing on Petition - Notice of Hearing on Petition

2/13/2019: Notice of Hearing on Petition - Notice of Hearing on Petition

Proof of Personal Service - Proof of Personal Service

2/20/2019: Proof of Personal Service - Proof of Personal Service

Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

3/18/2019: Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

Minute Order - Minute Order (Hearing on Petition to Confirm Arbitration Award)

3/19/2019: Minute Order - Minute Order (Hearing on Petition to Confirm Arbitration Award)

Minute Order - Minute Order (Ruling on Submitted Matter)

3/25/2019: Minute Order - Minute Order (Ruling on Submitted Matter)

Certificate of Mailing for - Certificate of Mailing for Minute Order (Ruling on Submitted Matter) of 03/25/2019

3/25/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Ruling on Submitted Matter) of 03/25/2019

Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

4/9/2019: Notice of Rejection - Pleadings - Notice of Rejection - Pleadings

Brief (name extension) - Brief Supplemental Brief RE Attorneys Fees

4/11/2019: Brief (name extension) - Brief Supplemental Brief RE Attorneys Fees

Motion for Attorney Fees - Motion for Attorney Fees

5/15/2019: Motion for Attorney Fees - Motion for Attorney Fees

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

5/31/2019: Proof of Service (not Summons and Complaint) - Proof of Service (not Summons and Complaint)

Minute Order - Minute Order (Hearing on Petition to Confirm Arbitration Award)

1/22/2019: Minute Order - Minute Order (Hearing on Petition to Confirm Arbitration Award)

Proof of Personal Service - Proof of Personal Service

12/18/2018: Proof of Personal Service - Proof of Personal Service

Other - (name extension)

9/18/2018: Other - (name extension)

Other - (name extension) - Fair Claims Rules

9/18/2018: Other - (name extension) - Fair Claims Rules

Declaration (name extension) - of Service

9/18/2018: Declaration (name extension) - of Service

Petition (name extension) - Confirn Contractual Arbitration Award

9/18/2018: Petition (name extension) - Confirn Contractual Arbitration Award

Notice of Hearing on Petition

9/18/2018: Notice of Hearing on Petition

Notice of Case Assignment - Limited Civil Case

9/18/2018: Notice of Case Assignment - Limited Civil Case

8 More Documents Available

 

Docket Entries

  • 05/31/2019
  • Proof of Service (not Summons and Complaint); Filed by: Theodore Mercure (Petitioner); As to: Leonard Grove (Respondent)

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  • 05/15/2019
  • Motion for Attorney Fees; Filed by: Theodore Mercure (Petitioner)

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  • 05/15/2019
  • Hearing on Motion for Attorney Fees scheduled for 12/12/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 04/11/2019
  • Brief Supplemental Brief RE Attorneys Fees; Filed by: Theodore Mercure (Petitioner)

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  • 04/09/2019
  • Notice of Rejection - Pleadings; Filed by: Clerk

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  • 03/25/2019
  • Court orders judgment entered for Petitioner Theodore Mercure against Respondent Leonard Grove on the Petition filed by Theodore Mercure on 09/18/2018 for the principal amount of $1,173.63 for a total of $1,173.63.

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  • 03/25/2019
  • Minute Order (Ruling on Submitted Matter)

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  • 03/25/2019
  • Certificate of Mailing for Minute Order (Ruling on Submitted Matter) of 03/25/2019; Filed by: Clerk

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  • 03/25/2019
  • Updated -- Petition Confirn Contractual Arbitration Award: Result: Granted; Result Date: 03/25/2019

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  • 03/19/2019
  • Updated -- Notice of Rejection - Pleadings: As To Parties: removed

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10 More Docket Entries
  • 01/22/2019
  • On the Court's own motion, Hearing on Petition to Confirm Arbitration Award scheduled for 01/22/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Held - Continued was rescheduled to 03/19/2019 08:30 AM

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  • 12/18/2018
  • Proof of Personal Service; Filed by: Theodore Mercure (Petitioner); As to: Leonard Grove (Respondent); Service Date: 12/15/2018; Service Cost: 125.00; Service Cost Waived: No

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  • 09/20/2018
  • Case assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 09/20/2018
  • Hearing on Petition scheduled for 01/22/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/18/2018
  • Petition Confirn Contractual Arbitration Award; Filed by: Theodore Mercure (Petitioner); As to: Leonard Grove (Respondent)

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  • 09/18/2018
  • Notice of Hearing on Petition; Filed by: Clerk

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  • 09/18/2018
  • Notice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/18/2018
  • Declaration of Service; Filed by: Theodore Mercure (Petitioner)

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  • 09/18/2018
  • Agreement to Arbitrate; Filed by: Theodore Mercure (Petitioner)

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  • 09/18/2018
  • Other - Fair Claims Rules; Filed by: Theodore Mercure (Petitioner)

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Tentative Rulings

Case Number: 18STCP02398    Hearing Date: January 30, 2020    Dept: 25

MOTION FOR POST-JUDGMENT ATTORNEYS FEES AND COSTS

(Civ. Code § 1717)

TENTATIVE RULING:

Petitioner Theodore Mercure’s Motion for Post-Judgment Attorney’s Fees and Costs is CONTINUED to MARCH 11, 2020 at 10:30 a.m. in Department 25. At least 16 court days prior to the new hearing date, Petitioner is to file a proof of service demonstrating Respondent was properly served with this Motion. Failure to comply with the Court’s orders may result in the motion being placed off calendar or denied.

ANALYSIS:

  1. Background

On September 18, 2018, Petitioner Theodore Mercure filed a Petition to Confirm Contractual Arbitration Award (the “Petition”) against Respondent Leonard Grove (“Respondent”). On March 25, 2019, the Court granted the Petition and confirmed the arbitration award in favor of Petitioner in the amount of $1,173.63. (3/25/19 Order.) The Court stated that an award for attorney’s fees would be considered pursuant to a duly noticed motion and costs pursuant to a memorandum of costs. (Ibid.)

On April 11, 2019, Petitioner filed a Supplemental Brief on Attorneys’ Fees and Costs. On May 15, 2019, Petitioner filed the instant Motion for Attorney’s Fees and Costs (the “Motion”).

To date, no opposition or reply briefs have been filed.

  1. Discussion

 

As an initial matter, the Court notes that Petitioner’s Motion is not accompanied by a proof of service demonstrating Respondent was properly served.

Code of Civil procedure provides that, “all moving and supporting papers shall be served and filed at least 16 court days before the hearing” plus five calendar days if the papers are mailed to a California address. (Code Civ. Proc., § 1005, subd. (b).) In addition, a proof of service of the moving papers must be filed no later than five court days before the scheduled hearing. (Cal. Rules of Court, rule 3.1300(c).) Accordingly, the Court cannot consider Petitioner’s Motion at this time.

  1. Conclusion & Order

For the foregoing reasons, Petitioner Theodore Mercure’s Motion for Attorney’s Fees and Costs is CONTINUED to MARCH 11, 2020 at 10:30 a.m. in Department 25. At least 16 court days prior to the new hearing date, Petitioner is to file a proof of service demonstrating Respondent was properly served with this Motion. Failure to comply with the Court’s orders may result in the motion being placed off calendar or denied.

Moving party is ordered to give notice.