This case was last updated from Los Angeles County Superior Courts on 10/15/2021 at 02:06:49 (UTC).

VIVEK SHAH VS PAYPAL, INC. A DELAWARE CORPORATION

Case Summary

On 02/21/2020 VIVEK SHAH filed a Contract - Other Contract lawsuit against PAYPAL, INC A DELAWARE CORPORATION. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1718

  • Filing Date:

    02/21/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

SHAH VIVEK

Defendant

PAYPAL INC. A DELAWARE CORPORATION

 

Court Documents

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

2/21/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

First Amended Standing Order - First Amended Standing Order

2/21/2020: First Amended Standing Order - First Amended Standing Order

Civil Case Cover Sheet - Civil Case Cover Sheet

2/21/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court) Granted

2/25/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court) Granted

Complaint - Complaint

2/21/2020: Complaint - Complaint

Summons - Summons on Complaint

2/21/2020: Summons - Summons on Complaint

Minute Order - Minute Order (Court Order Re: Continuance of the August 20, 2021 Trial to ...)

8/12/2021: Minute Order - Minute Order (Court Order Re: Continuance of the August 20, 2021 Trial to ...)

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Continuance of the August 20, 2021 Trial to ...) of 08/12/2021

8/12/2021: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Continuance of the August 20, 2021 Trial to ...) of 08/12/2021

Motion for Leave (name extension) - Motion for Leave to Direct Clerk to File Proof of Service with Exhibits

11/3/2020: Motion for Leave (name extension) - Motion for Leave to Direct Clerk to File Proof of Service with Exhibits

Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

11/2/2020: Notice of Change of Address or Other Contact Information - Notice of Change of Address or Other Contact Information

Proof of Personal Service - Proof of Personal Service

10/30/2020: Proof of Personal Service - Proof of Personal Service

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

10/30/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

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

10/30/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

8/30/2021: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Certificate of Mailing for - Certificate of Mailing for (HEARING ON MOTION BY PLAINTIFF IN PROPRIA PERSONA (VIVEK SHAH...) of 10/13/2021, (1) Request for Entry of Default - not entered as requested an

10/13/2021: Certificate of Mailing for - Certificate of Mailing for (HEARING ON MOTION BY PLAINTIFF IN PROPRIA PERSONA (VIVEK SHAH...) of 10/13/2021, (1) Request for Entry of Default - not entered as requested an

Minute Order - Minute Order (HEARING ON MOTION BY PLAINTIFF IN PROPRIA PERSONA (VIVEK SHAH...)

10/13/2021: Minute Order - Minute Order (HEARING ON MOTION BY PLAINTIFF IN PROPRIA PERSONA (VIVEK SHAH...)

4 More Documents Available

 

Docket Entries

  • 02/22/2022
  • Hearing02/22/2022 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 10/13/2021
  • DocketUpdated -- Motion for Leave to Direct Clerk to File Proof of Service with Exhibits: Filed By: Vivek Shah (Plaintiff); Result: Denied; Result Date: 10/13/2021

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  • 10/13/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service and/or dismissal scheduled for 02/22/2022 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 10/13/2021
  • DocketUpdated -- Certificate of Mailing for (HEARING ON MOTION BY PLAINTIFF IN PROPRIA PERSONA (VIVEK SHAH...) of 10/13/2021, (1) Request for Entry of Default - not entered as requested and filed on October 30, 2020; and (2) Notice of Rejection Default/Clerk's Judgment issued on November 2, 2020: Status Date changed from 10/13/2021 to 10/13/2021; As To Parties: removed

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  • 10/13/2021
  • DocketMinute Order (HEARING ON MOTION BY PLAINTIFF IN PROPRIA PERSONA (VIVEK SHAH...)

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  • 10/13/2021
  • DocketCertificate of Mailing for (HEARING ON MOTION BY PLAINTIFF IN PROPRIA PERSONA (VIVEK SHAH...) of 10/13/2021, (1) Request for Entry of Default - not entered as requested and filed on October 30, 2020; and (2) Notice of Rejection Default/Clerk's Judgment issued on November 2, 2020; Filed by: Clerk

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  • 10/13/2021
  • DocketHearing on Motion for Leave to Direct Clerk to File Proof of Service and Exhibits, Filed by Plaintiff scheduled for 10/13/2021 at 10:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 10/13/2021; Result Type to Held - Motion Denied

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  • 10/13/2021
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 10/13/2021 at 10:00 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 10/13/2021

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  • 10/13/2021
  • DocketAddress for Vivek Shah (Plaintiff) updated

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  • 10/05/2021
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/24/2023 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Advanced and Vacated on 10/30/2020

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19 More Docket Entries
  • 02/25/2020
  • DocketOrder on Court Fee Waiver (Superior Court) Granted; Filed by: Clerk

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  • 02/21/2020
  • DocketComplaint; Filed by: Vivek Shah (Plaintiff); As to: PayPal, Inc. a Delaware Corporation (Defendant)

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  • 02/21/2020
  • DocketRequest to Waive Court Fees; Filed by: Vivek Shah (Plaintiff)

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  • 02/21/2020
  • DocketCivil Case Cover Sheet; Filed by: Vivek Shah (Plaintiff)

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  • 02/21/2020
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 02/21/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 02/21/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 02/21/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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  • 02/21/2020
  • DocketNon-Jury Trial scheduled for 08/20/2021 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less
  • 02/21/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 02/24/2023 at 08:30 AM in Spring Street Courthouse at Department 26

    Read MoreRead Less

Tentative Rulings

b'

Case Number: 20STLC01718 Hearing Date: October 13, 2021 Dept: 26

PROCEEDINGS: MOTION FOR LEAVE TO DIRECT\r\nCLERK TO FILE PROOF OF SERVICE

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MOVING\r\nPARTY: Plaintiff Vivek Shah

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RESPONDING\r\nPARTY: None

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MOTION\r\nFOR LEAVE TO DIRECT CLERK TO FILE PROOF OF SERVICE

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(???)

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TENTATIVE RULING:\r\n

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Plaintiff Vivek Shah’s Motion to Direct Clerk to File Proof\r\nof Service is DENIED.

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SERVICE OF MOTION:

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[X]\r\nProof of Service Timely Filed (CRC 3.1300) OK

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[X]\r\nCorrect Address (CCP 1013, 1013a) OK

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[X]\r\n16/21 Day Lapse (CCP 12c and 1005 (b)) OK

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SUMMARY OF COMPLAINT:\r\nAction for breach of contract.

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RELIEF REQUESTED: Order clerk to file proof of service, which\r\nwas rejected for improper reasons.

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OPPOSITION: None filed as of October 6, 2021.

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REPLY: None filed as of October 6, 2021.

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ANALYSIS:

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Plaintiff Vivek Shah\r\n(“Plaintiff”) filed the instant action for breach of contract against Defendant\r\nPaypal, Inc. (“Defendant”) on February 21, 2020. On October 30, 2020, Plaintiff\r\nfiled a proof of personal service of the Summons and Complaint and a request\r\nfor entry of default. The proof of service was filed but the clerk’s office\r\nrejected the request for default on a number of grounds. (Notice of Rejection\r\nDefault/Clerk’s Judgment, 10/30/20.) The reasons pertain to the names of the\r\nparties and the proof of service. (Ibid.)

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On November 3, 2020, Plaintiff filed the instant “Motion for\r\nLeave to Direct Clerk to File Proof of Service.” The Motion was initially set\r\nfor hearing on May 20, 2021. Prior to be heard, the Motion was continued at\r\nPlaintiff’s request to September 20, 2021. The Motion was continued again by\r\nthe Court prior to being heard and set for hearing on October 13, 2021.

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Discussion

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While the Motion is entitled “Motion for Leave to Direct\r\nClerk to File Proof of Service,” it appears that the relief Plaintiff actually\r\nseeks is for the court clerk to enter default against Defendant. The Motion,\r\nhowever, is not supported by any legal authority for the relief sought, or the\r\nrelief apparently sought. The Court cannot grant the relief requested without legal\r\ngrounds to do so. “The memorandum must contain a statement of facts, a concise\r\nstatement of the law, evidence and arguments relied on, and a discussion of the\r\nstatutes, cases, and textbooks cited in support of the position advanced.”\r\n(Cal. Rules of Court, Rule 3.1113, subd. (b).) In fact, Plaintiff’s failure to\r\nprovide a memorandum as required by the Rule is an “admission that the\r\n[request] is without merit and cause for its denial.” (Cal. Rules of Court,\r\nRule 3.1113, subds. (a), (b); In re Marriage of Falcone & Fyke\r\n(2012) 203 Cal.App.4th 964, 976.)

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Therefore, Plaintiff’s Motion for\r\nLeave to Direct Clerk to File Proof of Service is DENIED.

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Court clerk to give notice.

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Case Number: 20STLC01718    Hearing Date: May 20, 2021    Dept: 26

Shah v. Paypal, Inc., et al.

MOTION FOR LEAVE TO DIRECT CLERK TO FILE PROOF OF SERVICE

(???)

TENTATIVE RULING:

.Plaintiff’s Motion to Direct Clerk to File Proof of Service is DENIED.

ANALYSIS:

Plaintiff Vivek Shah (“Plaintiff”) filed the instant action for breach of contract against Defendant Paypal, Inc. (“Defendant”) on February 21, 2020. On October 30, 2020, Plaintiff filed a proof of personal service of the Summons and Complaint and a request for entry of default. The proof of service was filed but the clerk’s office rejected the request for default on a number of grounds. (Notice of Rejection Default/Clerk’s Judgment, 10/30/20.) The reasons pertain to the names of the parties and the proof of service. (Ibid.)

On November 3, 2020, Plaintiff filed the instant “Motion for Leave to Direct Clerk to File Proof of Service.” It appears, however, that the relief Plaintiff actually seeks is for an order compelling the court clerk to enter default against Defendant.

The Motion, however, is not supported by any legal authority for the relief sought, or the relief apparently sought. The Court cannot grant the relief requested without legal grounds to do so. “The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced.” (Cal. Rules of Court, Rule 3.1113, subd. (b).)

Court clerk to give notice.

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