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This case was last updated from Los Angeles County Superior Courts on 07/09/2019 at 22:49:48 (UTC).

MARK COHEN VS UPSIDE PROPERTY AND MANAGEMENT, INC., ET AL.,

Case Summary

On 06/12/2015 MARK COHEN filed a Contract - Other Contract lawsuit against UPSIDE PROPERTY AND MANAGEMENT, INC , . This case was filed in Los Angeles County Superior Courts, Santa Monica Courthouse located in Los Angeles, California. The Judge overseeing this case is NANCY L. NEWMAN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4317

  • Filing Date:

    06/12/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Santa Monica Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

NANCY L. NEWMAN

 

Party Details

Plaintiff

COHEN MARK

Defendants

FELDMAN JAN

FLATLEY CHRISTINA

UPSIDE PROPERTY AND MANAGEMENT INC.

Not Classified By Court

TOSCHI SIDRAN COLLINS AND DOYLE

Attorney/Law Firm Details

Plaintiff Attorney

ALPERT JEFFREY

Defendant Attorney

SLAUGHTER WILLIAM M.

Other Attorneys

SIDRAN DAVID ROBERT

 

Court Documents

Legacy Document

6/18/2015: Legacy Document

Legacy Document

9/15/2015: Legacy Document

Legacy Document

9/28/2015: Legacy Document

Case Management Statement

12/31/2015: Case Management Statement

Minute Order

1/6/2016: Minute Order

Legacy Document

4/5/2016: Legacy Document

Legacy Document

8/3/2016: Legacy Document

Minute Order

1/18/2018: Minute Order

Notice of Ruling

1/19/2018: Notice of Ruling

Legacy Document

2/26/2018: Legacy Document

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

3/9/2018: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Legacy Document

4/26/2018: Legacy Document

Minute Order

6/21/2018: Minute Order

Notice of Continuance

11/1/2018: Notice of Continuance

Separate Statement

11/8/2018: Separate Statement

Proof of Service by Mail

2/13/2019: Proof of Service by Mail

Notice of Ruling

2/14/2019: Notice of Ruling

Motion re:

3/15/2019: Motion re:

96 More Documents Available

 

Docket Entries

  • 03/02/2028
  • Reply (IN SUPPORT OF MOTION TO BIFURCATE ); Filed by Attorney for Defendant

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  • 06/20/2019
  • at 08:30 AM in Department P; Case Management Conference - Held - Continued

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  • 06/20/2019
  • Minute Order ( (Case Management Conference)); Filed by Clerk

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  • 04/25/2019
  • Stipulation and Order (Joint Stipulation re: Waiver of Award of Costs to Defendant Christina Flatley and Waiver of Right to Appeal); Filed by Mark Cohen (Plaintiff)

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  • 04/04/2019
  • Memorandum of Costs (Summary); Filed by Christina Flatley (Defendant)

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  • 04/02/2019
  • Notice (Notice of Entry of Judgment); Filed by Upside Property and Management, Inc. (Defendant); Jan Feldman (Defendant); Christina Flatley (Defendant)

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  • 03/22/2019
  • at 09:00 AM in Department P; Hearing on Motion for Protective Order - Not Held - Taken Off Calendar by Party

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  • 03/22/2019
  • at 08:30 AM in Department P; Case Management Conference - Held - Continued

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  • 03/22/2019
  • Minute Order ( (Hearing on Motion for Protective Order; Case Management Confe...)); Filed by Clerk

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  • 03/18/2019
  • Judgment; Filed by Upside Property and Management, Inc. (Defendant); Jan Feldman (Defendant); Christina Flatley (Defendant)

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353 More Docket Entries
  • 07/15/2015
  • Motion to Strike; Filed by Upside Property and Management, Inc. (Defendant); Jan Feldman (Defendant); Christina Flatley (Defendant)

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  • 06/18/2015
  • Proof-Service/Summons; Filed by Attorney for Plaintiff

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  • 06/18/2015
  • Proof-Service/Summons; Filed by Mark Cohen (Plaintiff)

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  • 06/18/2015
  • Proof-Service/Summons; Filed by Mark Cohen (Plaintiff)

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  • 06/18/2015
  • Proof-Service/Summons; Filed by Mark Cohen (Plaintiff)

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  • 06/12/2015
  • Complaint; Filed by Mark Cohen (Plaintiff)

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  • 06/12/2015
  • Summons Filed; Filed by Attorney for Plaintiff

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  • 06/12/2015
  • Summons; Filed by Plaintiff

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  • 06/12/2015
  • Civil Case Cover Sheet

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  • 06/12/2015
  • Complaint Filed

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Tentative Rulings

Case Number: SC124317    Hearing Date: October 21, 2020    Dept: P

 

Tentative Ruling

Mark Cohen v. Jan Feldman et al., Case No. SC124317

Hearing Date October 21, 2020

Defendants’ Motion for Summary Adjudication

Plaintiff tenant alleges defendants landlord/managers harassed him, hoping to drive him out of his rent-controlled unit. Defendants argue the conduct either fell outside the applicable statute of limitations or does not constitute tenant harassment. Trial began in March 2020, but the court was required to declare a mistrial due to the court closure during the COVID-19 pandemic. A new trial date has not been set. Defendants previously moved for summary adjudication as to the tenant harassment cause of action on statute of limitations grounds, which was denied on September 12, 2017.

Successive Motions for Summary Judgment

A party shall not move for summary judgment based on issues asserted in a prior motion for summary adjudication and denied by the court unless the party establishes, to the satisfaction of the court, newly discovered facts or circumstances or a change of law supporting the issues reasserted in the summary judgment motion. Cal. Code of Civ. Proc. §437c (f)(2). Additionally, a motion for summary judgment shall be heard “no later than 30days before the date of trial[.] Id. at (3).

A motion for summary adjudication to the first cause of action on statute of limitations grounds was previously denied. To the extent defendants argue summary adjudication should be granted because their alleged conduct did not constitute harassment, defendants could have raised that argument in the 2017 motion. All conduct underlying the cause of action for tenant harassment occurred between 2014 and 2017, and there are no “newly discovered facts or circumstances” to justify reevaluation of the prior ruling. The court declines to reconsider its prior ruling and finds no basis for a motion for reconsideration (CCP 1008). Defendants may not file successive motions for summary adjudication based on facts and arguments that have been known for years and could have been asserted in prior motions. DENIED.

DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE ENCOURAGED TO AVOID IN-PERSON APPEARANCES AND TO APPEAR VIA LA COURT CONNECT.

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