This case was last updated from Los Angeles County Superior Courts on 06/09/2019 at 03:54:02 (UTC).

JASON ALAN VS ANNA JACOBS ET AL

Case Summary

On 12/07/2016 JASON ALAN filed a Personal Injury - Other Personal Injury lawsuit against ANNA JACOBS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Not Classified By Court.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3065

  • Filing Date:

    12/07/2016

  • Case Status:

    Not Classified By Court

  • Case Type:

    Personal Injury - Other Personal Injury

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff and Petitioner

ALAN JASON

Defendants and Respondents

SAFFAI MATTHEW

GASSER TODD

SAFFAI MICHAEL

JACOBS STEPHEN

JOCOBS ANNA

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

PENSANTI LOUISA ESQ.

PENSANTI LOUISA BELLE

Defendant Attorney

KELLENER JOSEPH WIND

 

Court Documents

NOTICE OF FILING PROOF OF SERVICE BY MAIL RE [SIGNED] ORDER GRANTING ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL-CIVIL

12/22/2017: NOTICE OF FILING PROOF OF SERVICE BY MAIL RE [SIGNED] ORDER GRANTING ATTORNEY'S MOTION TO BE RELIEVED AS COUNSEL-CIVIL

NOTICE OF APPEAL

6/5/2018: NOTICE OF APPEAL

Minute Order

8/27/2018: Minute Order

Unknown

1/15/2019: Unknown

SUMMONS

12/7/2016: SUMMONS

NOTICE OF CASE MANAGEMENT CONFERENCE

12/19/2016: NOTICE OF CASE MANAGEMENT CONFERENCE

DEFENDANTS ANNA JACOBS AND STEPHEN JACOBS', ANSWER TO PLAINTIFF, JASON ALAN'S COMPLAINT

1/30/2017: DEFENDANTS ANNA JACOBS AND STEPHEN JACOBS', ANSWER TO PLAINTIFF, JASON ALAN'S COMPLAINT

DEFENDANT MICHAEL SAFAII'S ANSWER TO PLAINTIFF, JASON ALAN'S COMPLAINT

2/2/2017: DEFENDANT MICHAEL SAFAII'S ANSWER TO PLAINTIFF, JASON ALAN'S COMPLAINT

Minute Order

3/10/2017: Minute Order

Unknown

3/22/2017: Unknown

Minute Order

5/24/2017: Minute Order

DEFENDANTS ANNA JACOBS AND STEPHEN JACOBS' NOTICE OF RULING ON MOTION FOR LEAVE TO FILE AMENDED COMPLAINT

6/1/2017: DEFENDANTS ANNA JACOBS AND STEPHEN JACOBS' NOTICE OF RULING ON MOTION FOR LEAVE TO FILE AMENDED COMPLAINT

NOTICE OF FILING PROOF OF PERSONAL SERVICE RE NOTICE OF MOTION AND MOTION FOR SANCTIONS AGAINST PLAINTIFF JASON ALAN; REQUESTS FOR (1) EVIDENTIARY SANCTIONS; ETC

8/30/2017: NOTICE OF FILING PROOF OF PERSONAL SERVICE RE NOTICE OF MOTION AND MOTION FOR SANCTIONS AGAINST PLAINTIFF JASON ALAN; REQUESTS FOR (1) EVIDENTIARY SANCTIONS; ETC

REPLY IN SUPPORT OF MOTION FOR SANCTIONS AGAINST PLAINTIFF JASON ALAN; RIQUESTS FOR (1) EVIDENTIARY SANCTIONS; (ETC

8/30/2017: REPLY IN SUPPORT OF MOTION FOR SANCTIONS AGAINST PLAINTIFF JASON ALAN; RIQUESTS FOR (1) EVIDENTIARY SANCTIONS; (ETC

Minute Order

9/8/2017: Minute Order

DEFEDANTS ANNA JACOBS AND STEPHEN JACOBS' NOTICE OF RULING ON MOTION FOR SANCTIONS HEARING

9/11/2017: DEFEDANTS ANNA JACOBS AND STEPHEN JACOBS' NOTICE OF RULING ON MOTION FOR SANCTIONS HEARING

Minute Order

10/31/2017: Minute Order

DEFENDANT ANNA JACOBS? OPPOSITION TO LOUISA PENSANTI?S MOTION FOR RECONSIDERATION

11/29/2017: DEFENDANT ANNA JACOBS? OPPOSITION TO LOUISA PENSANTI?S MOTION FOR RECONSIDERATION

55 More Documents Available

 

Docket Entries

  • 03/19/2019
  • Appeal - Remittitur - Appeal Dismissed (B290508); Filed by Clerk

    Read MoreRead Less
  • 01/15/2019
  • Appellate Order Dismissing Appeal (Order dismissing appeal filed 6/5/18); Filed by Clerk

    Read MoreRead Less
  • 11/08/2018
  • Notice of Entry of Judgment / Dismissal / Other Order; Filed by Clerk

    Read MoreRead Less
  • 11/08/2018
  • Judgment (- Court Finding - After Court Trial - 11/08/2018 entered for Defendant Gasser, Todd; Defendant Saffai, Michael; Defendant Jocobs, Anna; Defendant Jacobs, Stephen; Defendant Saffai, Matthew against Plaintiff Alan, Jason.); Filed by Clerk

    Read MoreRead Less
  • 09/14/2018
  • at 09:30 AM in Department 58; Non-Jury Trial (Court Trial - Short Cause; Full Day of Trial Held) -

    Read MoreRead Less
  • 09/14/2018
  • Minute Order

    Read MoreRead Less
  • 09/14/2018
  • Minute order entered: 2018-09-14 00:00:00; Filed by Clerk

    Read MoreRead Less
  • 09/13/2018
  • at 09:00 AM in Department 58; Non-Jury Trial - Not Held - Trailed

    Read MoreRead Less
  • 09/13/2018
  • Minute order entered: 2018-09-13 00:00:00; Filed by Clerk

    Read MoreRead Less
  • 09/13/2018
  • Minute Order

    Read MoreRead Less
120 More Docket Entries
  • 01/23/2017
  • PROOF OF SERVICE SUMMONS

    Read MoreRead Less
  • 12/19/2016
  • Notice of Case Management Conference; Filed by Clerk

    Read MoreRead Less
  • 12/19/2016
  • ORDER TO SHOW CAUSE HEARING

    Read MoreRead Less
  • 12/19/2016
  • NOTICE OF CASE MANAGEMENT CONFERENCE

    Read MoreRead Less
  • 12/19/2016
  • OSC-Failure to File Proof of Serv; Filed by Clerk

    Read MoreRead Less
  • 12/07/2016
  • Complaint; Filed by Jason Alan (Plaintiff)

    Read MoreRead Less
  • 12/07/2016
  • ORDER ON COURT FEE WAIVER

    Read MoreRead Less
  • 12/07/2016
  • SUMMONS

    Read MoreRead Less
  • 12/07/2016
  • COMPLAINT 1. TRESPASS; ETC

    Read MoreRead Less
  • 01/23/2016
  • Proof-Service/Summons; Filed by Plaintiff/Petitioner

    Read MoreRead Less

Tentative Rulings

Case Number: BC643065    Hearing Date: January 15, 2021    Dept: 58

Judge John P. Doyle

Department 58


Hearing Date: January 15, 2021

Case Name: Alan v. Jacobs, et al.

Case No.: BC643065

Matter: Motions to Set Aside Order (2x)

Moving Party: (1) Plaintiff Jason Alan

(2) Louisa Pensanti

Responding Party: Defendants Stephen Jacobs and Anna Jacobs


Tentative Ruling: Alan’s Motion is granted.

Pensanti’s Motion is denied.


On September 8, 2017, the Court granted Defendant Anna Jacob’s motion for monetary sanctions in the amount of $6,480 against Plaintiff Jason Alan and his counsel of record, Louisa Pensanti.

  1. Alan’s Motion to Set Aside Order

Plaintiff Alan seeks for the aforementioned order to be set aside under Code Civ. Proc. § 473(b), (d) because he was not served with the Motion and had no notice of the September 8, 2017, hearing. Alan argues that service occurred only on his attorney, Louisa Pensanti, who was suspended from practicing law. Alan also provides that he has no assets to pay the sanctions and will have to pursue bankruptcy if the sanctions order is not set aside.[1]

Defendants Stephen Jacobs and Anna Jacobs argue that Plaintiff was at all times represented by Pensanti and Lisa Grace-Kellogg.

Previously, the Court tentatively ruled as follows,

Plaintiff could not have been represented by Pensanti as the State Bar’s records indicate that she was suspended from July 23, 2017, through October 20, 2017.

Defendants’ notice of ruling for the sanctions hearing provides that “[a]n appearance attorney specially appeared on behalf of Lisa Grace-Kellogg, who was appearing on behalf of Louisa Pensanti, attorney-of-record for Plaintiff JASON ALAN.” The Court’s minute order indicates that Nicholas Valmes made the special appearance.

The Court cannot provide relief under Code Civ. Proc. § 473(b) because more than six months have elapsed since the Court’s sanction order.

On the other hand, Code Civ. Proc. § 473(d) allows the Court to set aside a void order or judgment, and there is no time limit for relief under this section.

While Plaintiff may have been represented by a special appearance attorney, it is not apparent that Plaintiff or the special appearance attorney were served with Defendants’ motion for sanctions. Instead, only Pensanti was personally served on August 16, 2017, while she was suspended from practicing law. There is no evidence Pensanti forwarded the motion papers to Plaintiff, Valmes, or Grace-Kellogg such that an opposition could be filed.

The Court, thus, concludes its September 8, 2017, order was void. The Motion to Set Aside this Order is granted. (Code Civ. Proc. § 473(d).)

Plaintiff also seeks sanctions for Defendants’ conduct, but this request is respectfully denied.

The Court, however, ultimately continued the Motion for supplemental briefing. Defendants provide that there is no justification to vacate at least $3,000 of the sanctions which were awarded in connection with past conduct during which Plaintiff was in fact represented by Pensanti. They also contend, “there is nothing [Alan] could have done to avoid the Court’s ultimate ruling . . . .”

This lacks merit as those sanctions were also awarded on September 8, 2017, when Pensanti was suspended. Further, due process means little if it can simply be argued that notice is not needed when a party would have lost any way.

In sum, the Court’s ruling is unchanged—the Motion is granted. The Court clarifies that the ruling does not apply to the order against Pensanti. Pensanti has filed a separate motion which is discussed below.

  1. Pensanti’s Motion to Set Aside Order

Pensanti also seeks to set aside the Court’s September 8, 2017, order.

The Motion is denied as no new facts or law have been presented which could not have been presented in connection with Pensanti’s prior attempts to set this same order aside. (Code Civ. Proc. § 1008.)


[1] While Plaintiff’s Motion mentions a judgment in case no. PS018665, the Motion and Reply make clear Plaintiff is only seeking to set aside this Court’s September 8, 2017, sanctions order.

Case Number: BC643065    Hearing Date: December 22, 2020    Dept: 58

Judge John P. Doyle

Department 58

Hearing Date:December

Case Name:Alan

Case No.: BC643065

Matter:Motion

Moving Party:Plaintiff

Responding Party:Defendants

Tentative Ruling:The

On September 8, 2017, the Court granted Defendant Anna Jacob’s motion for monetary sanctions in the amount of $6,480 against Plaintiff Jason Alan and his counsel of record, Louisa Pensanti.

Plaintiff seeks for this order to be set aside under Code Civ. Proc. § 473(b), (d) because he was not served with the Motion and had no notice of the September 8, 2017, hearing.  Alan argues that service occurred only on his attorney, Louisa Pensanti, who was suspended from practicing law.  Alan also provides that he has no assets to pay the sanctions and will have to pursue bankruptcy if the sanctions order is not set aside.1

Defendants Stephen Jacobs and Anna Jacobs argue that Plaintiff was at all times represented by Pensanti

Plaintiff could not have been represented by Pensanti

Defendants’ notice of ruling for the sanctions hearing provides that “[a]n appearance attorney specially appeared on behalf of Lisa Grace-Kellogg, who was appearing on behalf of Louisa Pensanti, attorney-of-record for Plaintiff JASON ALAN.”  The Court’s minute order indicates that Nicholas Valmes

The Court cannot provide relief under Code Civ. Proc. § 473(b) because more than six months have elapsed since the Court’s sanction order.  

On the other hand, Code Civ. Proc. § 473(d) allows the Court to set aside a void order or judgment, and there is no time limit for relief under this section.  

While Plaintiff may have been represented by a special appearance attorney, it is not apparent that Plaintiff or the special appearance attorney were served with Defendants’ motion for sanctions.  Instead, only Pensanti Pensanti Valmes, or Grace-Kellogg such that an opposition could be filed.  

The Court, thus, concludes its September 8, 2017, order was void.  The Motion to Set Aside this Order is granted.  (Code Civ. Proc. § 473(d).)

Plaintiff also seeks sanctions for Defendants’ conduct, but this request is respectfully denied.  

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases represented by Lawyer KELLENER JOSEPH WIND