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This case was last updated from Los Angeles County Superior Courts on 07/07/2021 at 22:13:58 (UTC).

ALFREDO GARCIA VS PERLIN PROPERTIES

Case Summary

On 08/31/2010 ALFREDO GARCIA filed a Civil Right - Other Civil Right lawsuit against PERLIN PROPERTIES. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is MICHAEL JOHNSON. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4705

  • Filing Date:

    08/31/2010

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Civil Right - Other Civil Right

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MICHAEL JOHNSON

 

Party Details

Plaintiff

GARCIA ALFREDO

Defendants

DOES 1-20

PERLIN PROPERTIES

FENG SUO JIE

Attorney/Law Firm Details

Plaintiff Attorney

MEHRBAN MORSE ESQ.

 

Court Documents

Abstract of Judgment - Civil and Small Claims

2/5/2021: Abstract of Judgment - Civil and Small Claims

Application for and Renewal of Judgment

12/8/2020: Application for and Renewal of Judgment

Notice - NOTICE OF RENEWAL OF JUDGMENT

12/16/2020: Notice - NOTICE OF RENEWAL OF JUDGMENT

 

Docket Entries

  • 02/05/2021
  • DocketAbstract of Judgment - Civil and Small Claims; Filed by Alfredo Garcia (Plaintiff)

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  • 01/27/2021
  • DocketProof of Service (Renewal of Judgment); Filed by Alfredo Garcia (Plaintiff); Suo Jie Feng (Defendant)

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  • 12/16/2020
  • DocketNotice (of Renewal of Judgment); Filed by Alfredo Garcia (Plaintiff)

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  • 12/08/2020
  • DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by Alfredo Garcia (Plaintiff)

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  • 12/08/2020
  • DocketApplication for and Renewal of Judgment; Filed by Alfredo Garcia (Plaintiff)

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  • 12/01/2020
  • DocketDefault Judgment (by Court - [Amended]); Filed by Alfredo Garcia (Plaintiff)

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  • 09/25/2020
  • DocketNotice (of Entry of Judgment or Order); Filed by Alfredo Garcia (Plaintiff)

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  • 09/22/2020
  • Docketat 08:30 AM in Department 56; Hearing on Motion to Amend Judgment (to Correct Judgment Debtor's Name) - Held

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  • 09/22/2020
  • DocketMinute Order ( (Hearing on Motion to Amend Judgment to Correct Judgment Debto...)); Filed by Clerk

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  • 08/11/2020
  • DocketMotion to Amend Judgment; Filed by Alfredo Garcia (Plaintiff)

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54 More Docket Entries
  • 11/22/2010
  • Docketat 00:00 AM in Department 56; Unknown Event Type

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  • 11/22/2010
  • DocketPROOF OF SERVICE BY FIRST-CLASS MAILCIVIL

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  • 11/15/2010
  • DocketNOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

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  • 11/15/2010
  • DocketNotice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 11/08/2010
  • DocketProof of Service (not Summons and Complaint); Filed by Alfredo Garcia (Plaintiff)

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  • 11/08/2010
  • DocketPROOF OF SERVICE SUMMONS

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  • 08/31/2010
  • DocketVERIFIED COMPLAINT FOR DAMAGES AND PERMANENT INJUNCTIVE RELIEF

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  • 08/31/2010
  • DocketORDER ON COURT FEE WAIVER

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  • 08/31/2010
  • DocketComplaint; Filed by Alfredo Garcia (Plaintiff)

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  • 08/31/2010
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC444705    Hearing Date: September 22, 2020    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

ALFREDO GARCIA,

Plaintiff,

vs.

PERLIN PROPERTIES, et al.,

Defendants.

CASE NO.: BC444705

[TENTATIVE] ORDER RE: MOTION TO AMEND JUDGMENT TO CORRECT JUDGMENT DEBTOR’S NAME

Date: September 22, 2020

Time: 8:30 a.m.

Dept. 56

MOVING PARTY: Plaintiff and Judgment Creditor Alfredo Garcia (“Plaintiff”)

The Court has considered the moving papers. No opposition papers were filed. Any opposition papers were required to be filed and served at least nine court days prior to the hearing. (Code Civ. Proc. § 1005(b).)

BACKGROUND

This action arises from alleged violations of the Americans with Disabilities Act. The complaint alleges that Plaintiff, who is paraplegic and confined to a wheelchair, was unable to extract paper towels from a facility’s paper towel dispenser due to its high position off the floor. On August 31, 2010, Plaintiff filed a complaint against Defendants alleging a sole cause of action for: (1) violation of the Unruh Civil Rights Act pursuant to California Civil Code, Section 51.

On January 28, 2011, Plaintiff requested default and default was entered against Defendant Perlin Properties (“Perlin”). On April 1, 2011, Plaintiff filed an amendment to the complaint which indicated that Doe 1 in the complaint was Suojie Feng (“Feng”). On July 12, 2011, Plaintiff requested, and default was entered against Feng.

On August 15, 2011, Plaintiff filed a request for dismissal—without prejudice—as to Perlin and dismissal as to Perlin was entered on August 15, 2011. On November 3, 2011, default judgment was entered against Feng in the amount of $10,860.25. Notice of entry of judgment and order was served on Feng on November 9, 2011.

On May 1, 2020, Plaintiff filed an affidavit of identity and order which indicated that Feng, who is a judgment debtor, is also known as Suo Jie Feng.

On August 11, 2020, Plaintiff filed a motion for the Court to amend its November 3, 2011 judgment to correct the name of the judgment debtor as it appears thereon. Plaintiff contends that since the judgment was entered on November 3, 2011, Plaintiff has learned that Feng’s correct legal name is Suo Jie Feng. Plaintiff requests that the Court amend its November 3, 2011 judgment to correct the name of Feng to Suo Jie Feng. Plaintiff’s motion is unopposed.

Due to the lack of opposition, the Court GRANTS Plaintiff’s motion to amend the November 3, 2011 judgment. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

Moving party is ordered to give notice of this ruling.

In consideration of the current COVID-19 pandemic situation, the Court strongly encourages that appearances on all proceedings, including this one, be made by LACourtConnect if the parties do not submit on the tentative.  If you instead intend to make an appearance in person at Court on this matter, you must send an email by 2 p.m. on the last Court day before the scheduled date of the hearing to SMC_DEPT56@lacourt.org

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the hearing, the motion will be placed off calendar.

Dated this 22nd day of September 2020

Hon. Holly J. Fujie

Judge of the Superior Court

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