Search

Attributes

This case was last updated from Los Angeles County Superior Courts on 04/15/2021 at 02:12:28 (UTC).

THOME WATERPROOFING CO., INC., A CALIFORNIA CORPORATION VS OH'S DESIGN & DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL.

Case Summary

On 04/13/2020 THOME WATERPROOFING CO , INC , A CALIFORNIA CORPORATION filed a Property - Other Real Property lawsuit against OH'S DESIGN DEVELOPMENT, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY. 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:

    *******3300

  • Filing Date:

    04/13/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

THOME WATERPROOFING CO. INC. A CALIFORNIA CORPORATION

Defendants

1130 ANGELO LLC A CALIFORNIA LIMITED LIABILITY COMPANY

OH'S DESIGN & DEVELOPMENT LLC A CALIFORNIA LIMITED LIABILITY COMPANY

OH PAUL

AMERICAN CONTRACTORS INDEMNITY COMPANY

Attorney/Law Firm Details

Plaintiff Attorney

CADE NATHANAEL PHILIPPE

Defendant Attorneys

FLORES AARON J

BORDEN JEREMY

 

Court Documents

Notice (name extension) - Notice of Continuance

3/30/2021: Notice (name extension) - Notice of Continuance

Notice (name extension) - Notice Errata to Motion to Enforce Settlement

10/13/2020: Notice (name extension) - Notice Errata to Motion to Enforce Settlement

Answer - Answer

12/4/2020: Answer - Answer

Answer - Answer

12/11/2020: Answer - Answer

Minute Order - Minute Order (Hearing on Motion to Enforce Settlement)

3/29/2021: Minute Order - Minute Order (Hearing on Motion to Enforce Settlement)

Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

3/29/2021: Proof of Mailing (Substituted Service) - Proof of Mailing (Substituted Service)

Notice (name extension) - Notice Withdrawal of Notice of Conditional Settlement

9/16/2020: Notice (name extension) - Notice Withdrawal of Notice of Conditional Settlement

Notice of Settlement - Notice of Settlement

6/24/2020: Notice of Settlement - Notice of Settlement

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

5/27/2020: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

4/28/2020: Amendment to Complaint (Fictitious/Incorrect Name) - Amendment to Complaint (Fictitious/Incorrect Name)

Notice of Lis Pendens - Notice of Lis Pendens

4/20/2020: Notice of Lis Pendens - Notice of Lis Pendens

Proof of Personal Service - Proof of Personal Service

4/21/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

4/23/2020: Proof of Personal Service - Proof of Personal Service

Civil Case Cover Sheet - Civil Case Cover Sheet

4/13/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Complaint - Complaint

4/13/2020: Complaint - Complaint

Summons - Summons on Complaint

4/13/2020: Summons - Summons on Complaint

First Amended Standing Order - First Amended Standing Order

4/13/2020: First Amended Standing Order - First Amended Standing Order

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

4/13/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

9 More Documents Available

 

Docket Entries

  • 06/09/2021
  • Hearing06/09/2021 at 09:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

    Read MoreRead Less
  • 05/04/2021
  • Hearing05/04/2021 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Enforce Settlement

    Read MoreRead Less
  • 03/29/2021
  • DocketHearing on Motion to Enforce Settlement scheduled for 05/04/2021 at 10:00 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 03/29/2021
  • DocketProof of Mailing (Substituted Service); Filed by: Thome Waterproofing Co., Inc., a California corporation (Plaintiff); As to: Paul Oh (Defendant); Mailing Date: 03/29/2021; Service Cost: 65.00; Cost Waived: No

    Read MoreRead Less
  • 03/29/2021
  • DocketMinute Order (Hearing on Motion to Enforce Settlement)

    Read MoreRead Less
  • 03/29/2021
  • DocketPursuant to the request of plaintiff, Hearing on Motion to Enforce Settlement scheduled for 03/29/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 05/04/2021 10:00 AM

    Read MoreRead Less
  • 12/11/2020
  • DocketAnswer; Filed by: American Contractors Indemnity Company (Defendant); As to: Thome Waterproofing Co., Inc., a California corporation (Plaintiff)

    Read MoreRead Less
  • 12/04/2020
  • DocketAnswer; Filed by: 1130 ANGELO, LLC, a California limited liability company (Defendant); As to: Thome Waterproofing Co., Inc., a California corporation (Plaintiff)

    Read MoreRead Less
  • 10/30/2020
  • DocketProof of Personal Service; Filed by: Thome Waterproofing Co., Inc., a California corporation (Plaintiff); As to: American Contractors Indemnity Company (Defendant); Service Date: 10/29/2020; Service Cost: 64.50; Service Cost Waived: No

    Read MoreRead Less
  • 10/13/2020
  • DocketNotice Errata to Motion to Enforce Settlement; Filed by: Thome Waterproofing Co., Inc., a California corporation (Plaintiff); As to: OH'S DESIGN & DEVELOPMENT, LLC, a California limited liability company (Defendant); 1130 ANGELO, LLC, a California limited liability company (Defendant); Paul Oh (Defendant) et al.

    Read MoreRead Less
11 More Docket Entries
  • 04/21/2020
  • DocketProof of Personal Service; Filed by: Thome Waterproofing Co., Inc., a California corporation (Plaintiff); As to: 1130 ANGELO, LLC, a California limited liability company (Defendant); Service Date: 04/17/2020; Service Cost: 85.00; Service Cost Waived: No

    Read MoreRead Less
  • 04/20/2020
  • DocketNotice of Lis Pendens; Filed by: Thome Waterproofing Co., Inc., a California corporation (Plaintiff)

    Read MoreRead Less
  • 04/14/2020
  • DocketNon-Jury Trial scheduled for 10/12/2021 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 04/14/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 04/17/2023 at 08:30 AM in Spring Street Courthouse at Department 25

    Read MoreRead Less
  • 04/14/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

    Read MoreRead Less
  • 04/13/2020
  • DocketComplaint; Filed by: Thome Waterproofing Co., Inc., a California corporation (Plaintiff); As to: OH'S DESIGN & DEVELOPMENT, LLC, a California limited liability company (Defendant); 1130 ANGELO, LLC, a California limited liability company (Defendant)

    Read MoreRead Less
  • 04/13/2020
  • DocketCivil Case Cover Sheet; Filed by: Thome Waterproofing Co., Inc., a California corporation (Plaintiff); As to: OH'S DESIGN & DEVELOPMENT, LLC, a California limited liability company (Defendant); 1130 ANGELO, LLC, a California limited liability company (Defendant)

    Read MoreRead Less
  • 04/13/2020
  • DocketSummons on Complaint; Issued and Filed by: Thome Waterproofing Co., Inc., a California corporation (Plaintiff); As to: OH'S DESIGN & DEVELOPMENT, LLC, a California limited liability company (Defendant); 1130 ANGELO, LLC, a California limited liability company (Defendant)

    Read MoreRead Less
  • 04/13/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 04/13/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less

Tentative Rulings

Case Number: 20STLC03300    Hearing Date: March 29, 2021    Dept: 25

HEARING DATE: Mon., March 29, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Thome Waterproofing Co., Inc. v. Oh’s Design & Development, LLC, et al.

CASE NUMBER: 20STLC03300 COMP. FILED: 04-13-20

NOTICE: NO DISC. C/O: NONE

DISC. MOT. C/O: NONE

TRIAL DATE: NOT SET

PROCEEDINGS: MOTION TO ENFORCE SETTLEMENT AND FOR ATTORNEY’S FEES AND COSTS

MOVING PARTY: Plaintiff Thome Waterproofing Co., Inc.

RESP. PARTY: None

MOTION TO ENFORCE SETTLEMENT

(CCP § 664.6)

TENTATIVE RULING:

Plaintiff Thome Waterproofing Co., Inc.’s Motion to Enforce Settlement and for Attorney’s fees is DENIED WITHOUT PREJUDICE.

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: None filed as of March 25, 2021 [ ] Late [X] None

REPLY: None filed as of March 25, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background

On April 13, 2020, Plaintiff Thome Waterproofing Co., Inc. (“Plaintiff”) filed an action against Oh’s Design & Development, LLC (“Oh’s Design”) and 1130 Angelo, LLC (“1130 Angelo”) (collectively, “Defendants”). On April 29, 2020, Plaintiff filed an amendment to the Complaint substituting Defendant Paul Oh (“Oh”) for Doe 1. Another amendment to the Complaint was filed on May 27, 2020 substituting American Contractors Indemnity Company (“American”) for Doe 46.

On June 24, 2020, Plaintiff filed a notice of settlement of the entire case, which was withdrawn on September 16, 2020.

On October 5, 2020, Plaintiff filed the instant Motion to Enforce Settlement and for Attorney’s Fees and Costs (the “Motion”). No opposition has been filed.

  1. Legal Standard

Under Code of Civil Procedure, section 664.6:

(a) If parties to pending litigation stipulate, in a writing signed by the parties outside of the presence of the court or orally before the court, for settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement. If requested by the parties, the court may retain jurisdiction over the parties to enforce the settlement until performance in full of the terms of the settlement.

(b) For purposes of this section, a writing is signed by a party if it is signed by any of the following:

(1) The party.

(2) An attorney who represents the party.

(3) If the party is an insurer, an agent who is authorized in writing by the insurer to sign on the insurer's behalf.”

  1. Discussion

Plaintiff filed this Motion seeking to enforce a settlement reached with Defendant Oh’s Design and Defendant Oh. (Mot., p 2:3-11.)

Before considering the merits of Plaintiff’s Motion, the Court notes that Defendant Oh has not yet been served with the Summons and Complaint. Thus, the Court has not acquired jurisdiction over him. Accordingly, the Motion is DENIED.

  1. Conclusion & Order

For the foregoing reasons, Plaintiff Thome Waterproofing Co., Inc.’s Motion to Enforce Settlement and for Attorney’s fees is DENIED WITHOUT PREJUDICE.

Moving party is ordered to give notice.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where OH'S DESIGN & DEVELOPMENT A CALIFORNIA CORPORATION is a litigant

Latest cases where American Contractors Indemnity Company is a litigant

Latest cases represented by Lawyer CADE NATHANAEL PHILIPPE