This case was last updated from Los Angeles County Superior Courts on 04/02/2016 at 16:24:52 (UTC).

FIREFIGHTERS FIRST CREDIT UNION VS BRIAN CRUMPLER

Case Summary

On 05/27/2014 FIREFIGHTERS FIRST CREDIT UNION filed a Contract - Business lawsuit against BRIAN CRUMPLER. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are WILLIAM A. MACLAUGHLIN, GAIL FEUER and MEL RED RECANA. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6814

  • Filing Date:

    05/27/2014

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Business

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

WILLIAM A. MACLAUGHLIN

GAIL FEUER

MEL RED RECANA

 

Party Details

Plaintiffs and Cross Defendants

FIREFIGHTERS FIRST CREDIT UNION

CRUMPLER BRIAN

HUFF DAVID

ROES 1-20

Defendants and Cross Defendants

CRUMPLER BRIAN

DOES 1-50

HUFF DONNA

Defendant and Respondent

DOES 1-50

Defendant and Cross Plaintiff

HUFF DONNA

Attorney/Law Firm Details

Plaintiff Attorney

KNAPP PETERSEN & CLARKE

Defendant and Cross Plaintiff Attorneys

KEEP ALFRED R. ESQ.

CRAIG COLLINS

Defendant and Respondent Attorney

CRAIG COLLINS

Other Attorneys

MILLER RICHARD T. ESQ.

 

Court Documents

COMPLAINT IN INTERPLEADER [CODE OF CIVIL PROC., SECTION 386, ET SEQ.]

5/27/2014: COMPLAINT IN INTERPLEADER [CODE OF CIVIL PROC., SECTION 386, ET SEQ.]

ORDER: TO INTERPLEAD FUNDS; 2) TO AWARD ATTORNEY?S FEES TO FIREFIGHTERS FIRST CREDIT UNION; AND 3) TO RELEASE FIREFIGHTERS FIRST CREDIT UNION FROM ACTION

5/30/2014: ORDER: TO INTERPLEAD FUNDS; 2) TO AWARD ATTORNEY?S FEES TO FIREFIGHTERS FIRST CREDIT UNION; AND 3) TO RELEASE FIREFIGHTERS FIRST CREDIT UNION FROM ACTION

ANSWER-CONTRACT

6/9/2014: ANSWER-CONTRACT

PROOF OF SERVICE OF SUMMONS

6/12/2014: PROOF OF SERVICE OF SUMMONS

ORDER

7/10/2014: ORDER

Minute Order

7/10/2014: Minute Order

REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF FIREFIGHTER?S FLRST CREDIT UNION?S DEMURRER TO CROSS-COMPLAINT BY BRIAN CRUMPLER

8/11/2014: REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF FIREFIGHTER?S FLRST CREDIT UNION?S DEMURRER TO CROSS-COMPLAINT BY BRIAN CRUMPLER

Unknown

8/27/2014: Unknown

REQUEST FOR DISMISSAL

9/12/2014: REQUEST FOR DISMISSAL

Minute Order

1/14/2015: Minute Order

NOTICE OF RULING SUSTAINING DEMURRER

1/16/2015: NOTICE OF RULING SUSTAINING DEMURRER

Minute Order

1/21/2015: Minute Order

JUDGMENT OF DISMISSAL

2/13/2015: JUDGMENT OF DISMISSAL

Minute Order

6/18/2015: Minute Order

JOINT TRIAL EXHIBIT LIST

6/18/2015: JOINT TRIAL EXHIBIT LIST

Minute Order

6/23/2015: Minute Order

REQUEST FOR DISMISSAL

9/16/2015: REQUEST FOR DISMISSAL

REQUEST FOR DISMISSAL

9/17/2015: REQUEST FOR DISMISSAL

44 More Documents Available

 

Docket Entries

  • 09/17/2015
  • Request and Entry of Dismissal Filed by Attorney for Plaintiff/Petitioner

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  • 09/16/2015
  • Partial Dismissal (with Prejudice) Filed by Respondent

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  • 06/30/2015
  • Order (FOLLOWING MANDATORY SETTLEMENT CONFERENCE AND ORDER FOR DISTRIBU- TION OF MONEY DEPOSITED WITH SUPERIOR COURT CLERK ) Filed by Attorney for Cross-Complainant

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  • 06/18/2015
  • Stipulation and Order (FOR CONTINUANCE OF TRIAL; ) Filed by Atty for Defendant and Cross-Compl

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  • 06/18/2015
  • Brief Filed by Attorney for Defendant/Respondent

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  • 06/18/2015
  • List of Exhibits (JOINT ) Filed by Attorney for Cross-Defendant

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  • 04/09/2015
  • Notice of Reassignment and Order Filed by Clerk

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  • 02/13/2015
  • Judgment (as to cross-complaint ) Filed by Atty for Plaintiff and Cross-Deft

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  • 01/16/2015
  • Notice of Ruling Filed by Attorney for Plaintiff/Petitioner

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  • 01/14/2015
  • Order Filed by Court

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20 More Docket Entries
  • 07/10/2014
  • Answer Filed by Attorney for Defendant/Respondent

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  • 07/10/2014
  • Cross-complaint Filed by Attorney for Cross-Complainant

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  • 07/10/2014
  • Summons Filed (to cross - complaint ) Filed by Attorney for Cross-Complainant

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  • 06/17/2014
  • Acknowledgement of Receipt (SUMMONS AND COMPLAINT **2 SEPARATE DOCS** ) Filed by Attorney for Plaintiff/Petitioner

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  • 06/12/2014
  • Proof of Service (summons and complaint ) Filed by Attorney for Plaintiff/Petitioner

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  • 06/09/2014
  • Answer Filed by Attorney for Defendant/Respondent

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  • 05/30/2014
  • Ex-Parte Application Filed by Attorney for Pltf/Petnr

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  • 05/30/2014
  • Order Filed by Attorney for Pltf/Petnr

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  • 05/27/2014
  • Complaint

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  • 01/07/2014
  • Request for Judicial Notice Filed by Attorney for Plaintiff/Petitioner

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Tentative Rulings

Case Number: BC546814    Hearing Date: March 12, 2020    Dept: 78

Superior Court of California

County of Los Angeles

Department 78

FIREFIGHTERS FIRST CREDIT UNION;

Plaintiff,

v.

BRIAN CRUMPLER et al.;

Defendants.

_________________________________

And related Cross-Complaint

Case No.: BC546814

Hearing Date: March 12, 2020

[TENTATIVE] RULING RE:

Defendant/Cross-Complainant Donna huff’s motion to reopen fraud, illegal persuasion, breach of fiduciary duties/u.s. code us law, thru fraud/tampered, withheld litigation documentation and assets, denial of beneficiary rights and accounting re assets; grand theft; pc646; penalties pc132 offering evidence that is false; charges requested 31 u.s.c. 3717(E) & 321.16 – Theft of savings, etc.

Defendant, Cross-Complainant and Cross-Defendant Donna Huff’s Motion to Reopen is DENIED without prejudice.

FACTUAL BACKGROUND

This is an action originally filed in interpleader. The Complaint alleged that Firefighters First Credit Union (“FFCU”) had an account in the name of the deceased Lynda Alimena (“Alimena”). (Compl. ¶ 6.) Alimena’s husband, William Huff, pre-deceased Alimena, and upon her death, both Defendant Brian Crumpler (“Crumpler”) and Defendant Donna Huff (“Huff”) submitted conflicting claims to the funds in the account. (Compl. ¶ 13.) FFCU sought to deposit with the clerk the funds of Alimena’s account and for the Defendants to interplead and litigate their claims. (Compl. Judg. ¶¶ 3-4.) Crumpler filed a Cross-Complaint in Interpleader alleging that Alimena maintained a beneficiary account for Huff in the amount of $40,000 per William’s Huff’s wishes and sought to correct an error in the beneficiary designation. (XC1 ¶¶ 6, 12, 18.) Huff filed a Cross-Complaint in Interpleader alleging that William Huff left all credit union C.D.s and other accounts to Huff. (XC2 ¶ 6.)

PROCEDURAL HISTORY

FFCU filed the Complaint on May 27, 2014 in Interpleader.

On July 10, 2014, Crumpler filed a Cross-Complaint against FFCU, Huff, David Huff, and Roes 1-20, alleging five causes of action:

  1. Establishment of a resulting or constructive trust

  2. Reformation of beneficiary designation

  3. Declaratory relief

  4. Common count for money had and received

  5. Negligence

On August 5, 2014, Huff filed a Cross-Complaint against FFCU, Crumpler, David Huff, and Roes 1-20, alleging three causes of action:

  1. Establishment of a resulting or constructive trust

  2. Constructive trust of other assets

  3. Declaratory relief

On January 14, 2015, the court (Dept. 45) sustained FFCU’s Demurrer without leave to amend. On February 13, 2015, FFCU was dismissed from the case.

On June 23, 2015, the parties agreed in open court to a settlement (Dept. 89). The amount of $381,517.72 held in trust by the Court together with interest accrued was to be divided equally between Huff and Crumpler, with one-half to each party.

On June 30, 2015, an Order was entered following the settlement conference ordering distribution of $190,758.86 to each Crumpler and Huff.

On September 16-17, 2015 both Crumper and Huff requested dismissal of their cross-complaints.

On December 5, 2019, Huff filed in the instant Motion.

On March 4, 2020, Crumpler filed an Opposition.

No Reply has been filed.

DISCUSSION

  1. MOTION TO REOPEN

The instant Motion filed by Huff purportedly seeks to reopen the case five years after it has been dismissed. (Motion at p. 1.)

In Opposition, Crumpler argues that this case was settled on June 23, 2015 after half a day of “intensive negotiations,” and the case was then dismissed with prejudice. (Oppo. p. 2.) Crumpler contends that after this case was dismissed, Huff filed an action in the Superior Court of Maricopa County, Arizona, for the “same claims and alleging essentially the same purported facts.” (Oppo. p. 2.) The Arizona case was disposed by a Motion for Summary Judgment granted against Huff: Huff has refused to pay the judgment ordered against her. (Oppo. p. 2.)

At the June 23, 2015 settlement conference, the parties agreed that the amount of $381,517.72 held in trust by the Los Angeles Superior Court, together with any interest, was to be distributed equally to the parties, with one-half to Huff and one-half to Crumpler (to be held by his attorney). (Oppo., Exh. A.)

The Motion references Penal Code sections 646 and 132, and 31 U.S.C. 3717(E) and 321.16. (Motion at p. 1.) However, none of these statutes authorize reopening a case. The Motion is largely unintelligible and it is unclear to the Court what relief is sought and under what grounds. The case may not be opened on the basis of the referenced statutes.

A litigant appearing in propria persona is generally held to the same rules and procedures as an attorney. The rules of civil procedure must apply equally to parties represented by counsel and those who forgo attorney representation; such a party is to be treated like any other party and is entitled to the same, but no greater consideration than other litigants and attorneys. (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984-985; see Barton v. New United Motor Mfg. (1996) 43 Cal.App.4th 1200, 1210.)

Accordingly, the Motion is DENIED

.

Dated: March 12, 2020

__________________________________________

Hon. Robert S. Draper

Judge of the Superior Court