This case was last updated from Los Angeles County Superior Courts on 06/28/2020 at 17:19:15 (UTC).

TOP O'TOPANGA COMMUNITY ASSOCIATION, INC. VS MELANIE VILLINGER JACOBS

Case Summary

On 08/27/2018 TOP O'TOPANGA COMMUNITY ASSOCIATION, INC filed a Contract - Other Contract lawsuit against MELANIE VILLINGER JACOBS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JON R. TAKASUGI. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0952

  • Filing Date:

    08/27/2018

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

TOP O'TOPANGA COMMUNITY ASSOCIATION INC.

Defendant

JACOBS MELANIE VILLINGER AKA MELANIE V. JACOBS

Attorney/Law Firm Details

Plaintiff Attorney

MOORE PAMELA ABBOTT

 

Court Documents

Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

2/26/2020: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

Notice (name extension) - Notice of Continuance of Motion for Reclassify

8/29/2019: Notice (name extension) - Notice of Continuance of Motion for Reclassify

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

12/23/2019: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Request for Dismissal - Request for Dismissal

12/23/2019: Request for Dismissal - Request for Dismissal

Declaration (name extension) - Declaration of Donalea Melching Bauer in Lieu of Personal Testimony

12/23/2019: Declaration (name extension) - Declaration of Donalea Melching Bauer in Lieu of Personal Testimony

Declaration (name extension) - Declaration of Pamela Abbott Moore in Support of Award of Attorneys' Fees (1033(b))

12/23/2019: Declaration (name extension) - Declaration of Pamela Abbott Moore in Support of Award of Attorneys' Fees (1033(b))

Memorandum of Points & Authorities - Memorandum of Points & Authorities

12/23/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Judgment - Judgment by Court After Default

1/13/2020: Judgment - Judgment by Court After Default

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

8/21/2019: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

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

1/29/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Memorandum of Points & Authorities - Memorandum of Points & Authorities

2/1/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Memorandum of Points & Authorities - Memorandum of Points & Authorities

2/1/2019: Memorandum of Points & Authorities - Memorandum of Points & Authorities

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

2/1/2019: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

Request for Dismissal - Request for Dismissal

2/1/2019: Request for Dismissal - Request for Dismissal

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

2/1/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Motion to Reclassify - Motion to Reclassify

5/29/2019: Motion to Reclassify - Motion to Reclassify

Complaint

8/27/2018: Complaint

Notice of Case Assignment - Limited Civil Case

8/27/2018: Notice of Case Assignment - Limited Civil Case

18 More Documents Available

 

Docket Entries

  • 05/21/2020
  • DocketNotice of Rejection - Post Judgment; Filed by: Clerk

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  • 05/20/2020
  • DocketUpdated -- Notice of Rejection - Post Judgment: Status Date changed from 05/21/2020 to 05/20/2020; As To Parties: removed

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  • 02/26/2020
  • DocketAbstract of Judgment - Civil and Small Claims; Issued by: Top O'Topanga Community Association, Inc. (Plaintiff)

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  • 01/13/2020
  • DocketDefault judgment by Court entered for Plaintiff Top O'Topanga Community Association, Inc., a nonprofit mutual benefit corporation against Defendant Melanie Villinger Jacobs AKA Melanie V. Jacobs on the Complaint filed by Top O'Topanga Community Association, Inc. on 08/27/2018 for the principal amount of $6,064.74, damages of $13,378.79, attorney fees of $2,500.00, and costs of $494.90 for a total of $22,438.43.

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  • 01/13/2020
  • DocketJudgment by Court After Default; Signed and Filed by: Top O'Topanga Community Association, Inc. (Plaintiff); As to: Melanie Villinger Jacobs (Defendant)

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  • 01/13/2020
  • DocketNon-Jury Trial scheduled for 02/24/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 01/13/2020

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  • 01/13/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 08/30/2021 at 10:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Vacated by Court on 01/13/2020

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  • 12/23/2019
  • DocketMemorandum of Points & Authorities; Filed by: Top O'Topanga Community Association, Inc. (Plaintiff)

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  • 12/23/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: Top O'Topanga Community Association, Inc. (Plaintiff); As to: Melanie Villinger Jacobs (Defendant)

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  • 12/23/2019
  • DocketDeclaration of Donalea Melching Bauer in Lieu of Personal Testimony; Filed by: Top O'Topanga Community Association, Inc. (Plaintiff)

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27 More Docket Entries
  • 01/29/2019
  • DocketDefault entered as to Melanie Villinger Jacobs; On the Complaint filed by Top O'Topanga Community Association, Inc. on 08/27/2018

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  • 01/29/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: Top O'Topanga Community Association, Inc. (Plaintiff); As to: Melanie Villinger Jacobs (Defendant)

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  • 10/09/2018
  • DocketProof of Personal Service; Filed by: Top O'Topanga Community Association, Inc. (Plaintiff); As to: Melanie Villinger Jacobs (Defendant); Service Date: 10/05/2018; Service Cost: 64.50; Service Cost Waived: No

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  • 08/27/2018
  • DocketComplaint; Filed by: Top O'Topanga Community Association, Inc. (Plaintiff); As to: Melanie Villinger Jacobs (Defendant)

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  • 08/27/2018
  • DocketCivil Case Cover Sheet; Filed by: Top O'Topanga Community Association, Inc. (Plaintiff)

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  • 08/27/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/27/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 08/27/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 08/27/2018
  • DocketNon-Jury Trial scheduled for 02/24/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 08/27/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 08/30/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC10952    Hearing Date: October 24, 2019    Dept: 94

MOTION FOR RECLASSIFICATION

(CCP § 403.040)

TENTATIVE RULING:

Plaintiff Top O’Topanga Community Association, Inc.’s Motion for Reclassification is DENIED.

MOTION: Plaintiff moves to reclassify this action on the grounds that since the action was filed, assessments, late fees and interest have continued to accrue against

OPPOSITION: None filed as of October 21, 2019.

ANALYSIS:

On August 27, 2018, Plaintiff Top O’Topanga Community Association, Inc. (“Plaintiff”) filed the instant action for failure to pay HOA assessments against Defendant Melanie Villinger Jacobs aka Melanie V. Jacobs (“Defendant”). In the caption, the Complaint states that the amount owing is under $10,000.00. However, the body of the Complaint specifically states that Defendant currently owes Plaintiff $6,064.74 and prays for the judgment to include accruing monthly assessments, late fees, attorneys’ fees and interest. Following Defendant’s failure to file a responsive pleading, the Court entered her default on January 29, 2019.

On March 8, 2019, the Court rejected Plaintiff’s request for default judgment on the grounds that recovery is limited to $10,000.00 based on the filing fee paid at the time the Complaint was filed. On June 21, 2019, Plaintiff filed the instant motion to reclassify the action as one of unlimited jurisdiction. To date, no opposition has been filed.

Code of Civil Procedure section 403.040 allows the Court to grant a motion for reclassification only if the case is incorrectly classified. (Code Civ. Proc., § 403.040, subd. (b)(1).) Here, the action was properly classified as a limited jurisdiction case at the time it was filed based on the amount in controversy not exceeding $25,000.00. (See Code Civ. Proc., § 85, subd. (a).) Despite the increase in the judgment sought to be entered due to accruing assessments and late fees, Plaintiff has not shown that the case is now incorrectly classified. The request for default judgment sought judgment against Defendant in the amount of $12,417.96. (Request for Default Judgment, filed 2/1/19, ¶2f.) The amount in controversy, therefore, remains less than $25,000.00.

The Court’s rejection of Plaintiff’s request for default judgment instructed Plaintiff to either limit its recovery to $10,000.00 or to pay the additional filing fee. Bringing the instant motion to reclassify was not necessary, and indeed, the Court cannot grant the relief sought. Plaintiff’s Motion to Reclassify is DENIED.

Court clerk to give notice.