This case was last updated from Los Angeles County Superior Courts on 06/13/2019 at 01:37:07 (UTC).

ALDAMISA ENTERTAINMENT LLC ET AL VS DAN METCALFE ET AL

Case Summary

On 08/02/2016 ALDAMISA ENTERTAINMENT LLC filed a Property - Other Property Fraud lawsuit against DAN METCALFE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****9196

  • Filing Date:

    08/02/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Property Fraud

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiffs and Petitioners

BESPALOV SERGEI

BESPALOV MARINA

ALDAMISA ENTERTAINMENT LLC

Defendants and Respondents

WILLIAMS JONATHAN

METCALFE DAN

DMS 11 INC

DMS 11 ACADEMY CLUB

STADIUM THE

JOSE LYN

METCALFE JOSEPH

VIA COLINAS PROPERTY LLC

Attorney/Law Firm Details

Plaintiff and Petitioner Attorney

NODD LAW GROUP

Defendant Attorneys

BARENS ARTHUR HUGO

NODD JEFFREY DIMITRY

LENSKE STEPHEN ALLAN

 

Court Documents

THIRD AMENDED COMPLAINT FOR:;ETC

1/23/2018: THIRD AMENDED COMPLAINT FOR:;ETC

Minute Order

1/24/2018: Minute Order

NOTICE OF RULING

1/29/2018: NOTICE OF RULING

PROOF OF SERVICE OF SUMMONS

2/8/2018: PROOF OF SERVICE OF SUMMONS

Minute Order

2/21/2018: Minute Order

NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT

3/2/2018: NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT

Minute Order

4/16/2018: Minute Order

ORDER AND JUDGMENT OF DISMISSAL

7/9/2018: ORDER AND JUDGMENT OF DISMISSAL

NOTICE OF RULING CASE MANAGEMENT CONFERENCE

7/18/2018: NOTICE OF RULING CASE MANAGEMENT CONFERENCE

Stipulation and Order

2/6/2019: Stipulation and Order

Minute Order

2/7/2019: Minute Order

NOTICE OF INTENT TO APPEAR BY TELEPHONE

12/1/2016: NOTICE OF INTENT TO APPEAR BY TELEPHONE

RULING RE: DEMURRER TO COMPLAINT

12/8/2016: RULING RE: DEMURRER TO COMPLAINT

Minute Order

12/8/2016: Minute Order

Unknown

1/6/2017: Unknown

Minute Order

2/28/2017: Minute Order

REQUEST FOR DISMISSAL

3/2/2017: REQUEST FOR DISMISSAL

REQUEST FOR DISMISSAL

3/2/2017: REQUEST FOR DISMISSAL

46 More Documents Available

 

Docket Entries

  • 03/19/2019
  • at 09:30 AM in Department 40; Jury Trial - Not Held - Continued - Stipulation

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  • 03/07/2019
  • at 08:32 AM in Department 40; Final Status Conference - Not Held - Continued - Stipulation

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  • 02/07/2019
  • at 1:57 PM in Department 40; Non-Appearance Case Review

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  • 02/07/2019
  • Certificate of Mailing for (Minute Order (Non-Appearance Case Review re: " Stipulation to Set Mandatory...) of 02/07/2019); Filed by Clerk

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  • 02/07/2019
  • Minute Order ( (Non-Appearance Case Review re: " Stipulation to Set Mandatory...)); Filed by Clerk

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  • 02/06/2019
  • Stipulation and Order (to set mandatory settlement conference, continue final status conference, trial date, and all related deadlines); Filed by Aldamisa Entertainment, LLC (Plaintiff); Sergei Bespalov (Plaintiff); Marina Bespalov (Plaintiff)

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  • 01/30/2019
  • at 08:30 AM in Department 40; Status Conference - Held

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  • 01/30/2019
  • Minute Order ( (Status Conference)); Filed by Clerk

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  • 09/20/2018
  • ANSWER TO THIRD AMENDED COMPLAINT

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  • 09/20/2018
  • Answer (To Third Amended Complaint)

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123 More Docket Entries
  • 10/27/2016
  • NOTICE OF JOINDER BY DEFENDANT, VIA COLINAS PROPERTY, LLC IN THE DEMURRER OF DEFENDANTS DAN METCALFE, JOSEPH METCALFE, DMS 11, INC AND DMS 11 ACADEMY CLUB TO PLAINTIFF'S FIRST AMENDED COMPLAINT

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  • 10/05/2016
  • PROOF OF SERVICE SUMMONS

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  • 10/05/2016
  • Proof of Service (not Summons and Complaint); Filed by Aldamisa Entertainment, LLC (Plaintiff); Sergei Bespalov (Plaintiff); Marina Bespalov (Plaintiff)

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  • 09/15/2016
  • NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT

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  • 09/15/2016
  • Demurrer; Filed by Dan(DISM) Metcalfe (Defendant); Dms 11, Inc(DISM) (Defendant); Dms 11 Academy Club(DISM) (Defendant) et al.

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  • 08/09/2016
  • Notice of Case Management Conference; Filed by Clerk

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  • 08/09/2016
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 08/02/2016
  • Complaint; Filed by Aldamisa Entertainment, LLC (Plaintiff); Sergei Bespalov (Plaintiff); Marina Bespalov (Plaintiff)

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  • 08/02/2016
  • SUMMONS

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  • 08/02/2016
  • COMPLAINT FOR: (1) BREACH OF FIDUCIARY DUTY; ETC

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Tentative Rulings

Case Number: BC629196    Hearing Date: September 22, 2020    Dept: 40

MOVING PARTY: Defendant Dan Metcalfe

OPPOSITION: None Submitted

Defendant Dan Metcalfe moves to strike the Third Amended Complaint on the ground that Plaintiff Aldamisa Entertainment, LLC (“Plaintiff”) has been without counsel since its previous counsel was relieved on March 18, 2020.

The Court considered the moving papers and rules as follows.

Standard: Code of Civil Procedure section 436(a) allows a court to “[s]trike out any irrelevant, false, or improper matter inserted in any pleading.” Section 436(b) allows a court to “[s]trike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” A corporate entity cannot represent itself in propria persona and must be represented by a counsel. CLD Construction, Inc. v. City of San Ramon (2004) 120 Cal. App. 4th 1141, 1145.

Analysis: The Third Amended Complaint was filed on January 23, 2018. Defendant states that Plaintiff, a corporate entity, has remained in pro per since their previous counsel was relieved on September 3, 2019. However, on March 18, 2020, a “Substitution of Attorney” was filed indicating that Plaintiff Aldamisa is currently represented by counsel Ronald D. Wilton.

Conclusion: the Motion to Strike is DENIED.

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