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This case was last updated from Los Angeles County Superior Courts on 03/11/2021 at 00:32:20 (UTC).

VENDA RIPKE PETERSON VS ACTORS AND ARTISTS AGENCY LLC,

Case Summary

On 09/25/2018 VENDA RIPKE PETERSON filed a Contract - Other Contract lawsuit against ACTORS AND ARTISTS AGENCY LLC. This case was filed in Los Angeles County Superior Courts, Spring Street 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:

    *******2117

  • Filing Date:

    09/25/2018

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JON R. TAKASUGI

 

Party Details

Plaintiff

PETERSON VENDA RIPKE

Defendant

ACTORS AND ARTISTS AGENCY LLC

Attorney/Law Firm Details

Plaintiff Attorney

HALL TIMOTHY ANDREW

 

Court Documents

Writ of Execution - Writ of Execution (Los Angeles)

3/2/2021: Writ of Execution - Writ of Execution (Los Angeles)

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473))

3/9/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473))

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473)) of 03/09/2021

3/9/2021: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473)) of 03/09/2021

Minute Order - Minute Order (Hearing on Application for Order for Appearance and Examination)

2/1/2021: Minute Order - Minute Order (Hearing on Application for Order for Appearance and Examination)

Opposition (name extension) - Opposition Opposing1. Opposition to Motion to Set Aside Default & Default Judgment w. exhibits (signed)

1/5/2021: Opposition (name extension) - Opposition Opposing1. Opposition to Motion to Set Aside Default & Default Judgment w. exhibits (signed)

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

1/15/2021: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

9/29/2020: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

Order for Continuance/Setting of Judgment Debtor Examination - Order for Continuance/Setting of Judgment Debtor Examination

10/1/2020: Order for Continuance/Setting of Judgment Debtor Examination - Order for Continuance/Setting of Judgment Debtor Examination

Order for Continuance/Setting of Judgment Debtor Examination - Order for Continuance/Setting of Judgment Debtor Examination

4/28/2020: Order for Continuance/Setting of Judgment Debtor Examination - Order for Continuance/Setting of Judgment Debtor Examination

Proof of Service - No Service - Proof of Service - No Service

5/18/2020: Proof of Service - No Service - Proof of Service - No Service

Subpoena Duces Tecum and Proof of Service - Subpoena Duces Tecum and Proof of Service

12/3/2019: Subpoena Duces Tecum and Proof of Service - Subpoena Duces Tecum and Proof of Service

Affidavit for Order for Appearance and Examination of a Third Person - Affidavit for Order for Appearance and Examination of a Third Person

12/3/2019: Affidavit for Order for Appearance and Examination of a Third Person - Affidavit for Order for Appearance and Examination of a Third Person

Proof of Service by Substituted Service - Amended Proof of service of summons

2/11/2019: Proof of Service by Substituted Service - Amended Proof of service of summons

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

4/29/2019: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

7/25/2019: Memorandum of Costs (Summary) - Memorandum of Costs (Summary)

Civil Case Cover Sheet

9/25/2018: Civil Case Cover Sheet

Summons - on Complaint

9/25/2018: Summons - on Complaint

Notice of Case Assignment - Limited Civil Case

9/25/2018: Notice of Case Assignment - Limited Civil Case

22 More Documents Available

 

Docket Entries

  • 05/12/2021
  • Hearing05/12/2021 at 10:00 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Set Aside/Vacate Judgment (CCP 473)

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  • 03/09/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473))

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  • 03/09/2021
  • DocketCertificate of Mailing for (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473)) of 03/09/2021; Filed by: Clerk

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  • 03/09/2021
  • DocketOn the Court's own motion, Hearing on Motion to Set Aside/Vacate Judgment (CCP 473) scheduled for 03/09/2021 at 10:00 AM in Spring Street Courthouse at Department 25 Held - Continued was rescheduled to 05/12/2021 10:00 AM

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  • 03/02/2021
  • DocketWrit of Execution (Los Angeles); Issued by: Venda Ripke Peterson (Plaintiff); As to: Actors and Artists Agency LLC, (Defendant); County: Los Angeles

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  • 02/16/2021
  • DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by: Venda Ripke Peterson (Plaintiff); As to: Actors and Artists Agency LLC, (Defendant); Interest: 2251.02; Service Date: 02/12/2021

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  • 02/01/2021
  • DocketMinute Order (Hearing on Application for Order for Appearance and Examination)

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  • 02/01/2021
  • DocketHearing on Application for Order for Appearance and Examination scheduled for 02/01/2021 at 01:30 PM in Spring Street Courthouse at Department 25 updated: Result Date to 02/01/2021; Result Type to Held

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  • 01/28/2021
  • DocketProof of Service (not Summons and Complaint); Filed by: Venda Ripke Peterson (Plaintiff); As to: Actors and Artists Agency LLC, (Defendant)

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  • 01/15/2021
  • DocketNotice Re: Continuance of Hearing and Order; Filed by: Clerk

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32 More Docket Entries
  • 02/11/2019
  • DocketUpdated -- Amended Proof of service of summons: Exact Name: Amended Proof of service of summons; As To Parties changed from Actors and Artists Agency LLC, (Defendant) to Actors and Artists Agency LLC, (Defendant)

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  • 02/04/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. James E. Blancarte; Reason: Inventory Transfer

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  • 10/12/2018
  • DocketProof of Service by Substituted Service; Filed by: Venda Ripke Peterson (Plaintiff); As to: Actors and Artists Agency LLC, (Defendant); Proof of Mailing Date: 10/01/18; Service Cost: 50.00; Service Cost Waived: No

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  • 09/25/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 09/25/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 09/25/2018
  • DocketCivil Case Cover Sheet; Filed by: Venda Ripke Peterson (Plaintiff)

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  • 09/25/2018
  • DocketComplaint; Filed by: Venda Ripke Peterson (Plaintiff); As to: Actors and Artists Agency LLC, (Defendant)

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  • 09/25/2018
  • DocketCase assigned to Hon. Jon R. Takasugi in Department 94 Stanley Mosk Courthouse

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  • 09/25/2018
  • DocketNon-Jury Trial scheduled for 03/24/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/25/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 09/28/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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Tentative Rulings

Case Number: 18STLC12117    Hearing Date: March 9, 2021    Dept: 25

HEARING DATE: Tue., March 9, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Peterson v. Actors and Artists Agency, LLC

CASE NUMBER: 18STLC12117 COMP. FILED: 09-25-18

NOTICE: NO DEFAULT: 02-15-19

DEF. JDGMT: 08-08-19

PROCEEDINGS: MOTION TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT AND TO QUASH SERVICE OF SUMMONS

MOVING PARTY: Non-party Kelvin Parker, in pro per

RESP. PARTY: Plaintiff Venda Ripke Peterson

MOTION TO SET ASIDE/VACATE DEFAULT; MOTION TO QUASH SERVICE OF SUMMONS

(CCP §§ 473(b); 473.5; 418.10)

TENTATIVE RULING:

The Motion to Set Aside Default and Default Judgment and to Quash Service of Summons is CONTINUED TO MAY 12, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file and serve supplemental papers as requested herein. Defendant must also obtain legal representation by the next scheduled hearing. Failure to do so will result in the Motion being placed off calendar or denied.

SERVICE:

[ ] Proof of Service Timely Filed (CRC, rule 3.1300) NO

[ ] Correct Address (CCP §§ 1013, 1013a) NO

[ ] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) NO

OPPOSITION: Filed on January 5, 2021 [ ] Late [ ] None

REPLY: None filed as of March 5, 2021 [ ] Late [X] None

ANALYSIS:

  1. Background & Discussion

On September 25, 2018, Plaintiff Venda Ripke Peterson (“Plaintiff”) filed an action for breach of contract against Defendant Actors & Agents Agency, LLC (“Defendant”). Plaintiff filed an amended proof of service on February 11, 2019 purporting to show that Defendant’s agent for service of process, Kelvin Parker (“Parker”) was substitute served at his home on October 1, 2018 at 216-A North Jackson Street, Glendale, CA 91206 (the “Jackson Street Address”) by leaving a copy of the Summons and Complaint with Derek Foster. (2/11/19 Amended Proof of Service.) Following Defendant’s failure to respond, default was entered against it on February 15, 2019. A default judgment of $14,911.47 was entered on August 8, 2019.

Parker filed the instant Motion to Set Aside Default and Default Judgment on September 29, 2020. Plaintiff filed an Opposition on January 5, 2021. No reply brief was filed.

In his Motion, Parker argues service was improper because he did not live at the address where he was served as agent of Defendant. (Mot., Parker Decl., ¶¶ 3-6.) Indeed, “a default judgment entered against a defendant who was not served with a summons in the manner prescribed by statute is void.’ [Citation.]” (Sakaguchi v. Sakaguchi (2009) 173 Cal.App.4th 852, 858, emphasis added.) Parker did not file and serve any documentary evidence demonstrating he did not live at the Jackson Street Address. Thus, this contention is wholly unsupported.

More importantly, the Court notes Parker may not file the instant Motion on behalf of the entity Defendant. An entity defendant may not appear in court except through licensed counsel. Since the passage of the State Bar Act in 1927, persons may represent their own interests in legal proceedings, but may not represent the interests of another unless they are active members of the State Bar. [Citation.]” (Hansen v. Hansen (2003) 114 Cal.App.4th 618, 621.) An entity must be represented by a lawyer in legal proceedings and may not represent itself (either directly or through a non-lawyer agent) in litigation, as such an act would be the unauthorized practice of law. (See e.g. Caressa Camille, Inc. v. Alcoholic Beverage Control Appeals Bd. (2002) 99 Cal.App.4th 1094, 1101) (corporation); Albion River Watershed Protection Ass’n v. Department of Forestry & Fire Protection (1993) 20 Cal. App. 4th 34, 37 (unincorporated association); Aulisio v. Bancroft (2014) 230 Cal. App. 4th 1518, 1519-20 (trustee for trust).)

Thus, the hearing is CONTINUED to allow Defendant the opportunity to find and retain legal counsel. Failure to retain counsel by the next scheduled hearing will result in the Motion being placed off calendar or denied. Defendant should also submit any documentary evidence demonstrating its agent for service, Parker, was not properly served with the Summons and Complaint.

  1. Conclusion & Order

For the foregoing reasons, the Motion to Set Aside Default and Default Judgment and to Quash Service of Summons is CONTINUED TO MAY 12, 2021 at 10:00 a.m. in Department 25 at the SPRING STREET COURTHOUSE. At least 16 court days before the next scheduled hearing, Defendant must file and serve supplemental papers as requested herein. Defendant must also obtain legal representation by the next scheduled hearing. Failure to do so will result in the Motion being placed off calendar or denied.

Moving party is ordered to give notice.

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