On 06/02/2011 MICHAEL DODO filed an Other - Declaratory Judgment lawsuit against TLD ACQUISITION CO LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are ANN I. JONES, DANIEL J. BUCKLEY, LAURA A. SEIGLE and SAMANTHA JESSNER. The case status is Disposed - Dismissed.
****2700
06/02/2011
Disposed - Dismissed
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
ANN I. JONES
DANIEL J. BUCKLEY
LAURA A. SEIGLE
SAMANTHA JESSNER
DODO MICHAEL
DOES 1 THROUGH 50
TLD ACQUISITION CO. LLC
EOS RECOVERY LLC
HOROWITZ MARTIN L. ESQ.
MICHELMAN SANFORD L. ESQ.
4/14/2016: Other - - JUDGMENT
10/29/2020: Declaration - DECLARATION DECLARATION IN SUPPORT OF MOTION
10/29/2020: Ex Parte Application - EX PARTE APPLICATION EX PARTE MOTION TO INTERVENE AND FILE MEMORANDUM OF POINTS AND AUTHORITIES
11/6/2020: Notice of Ruling
12/3/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR LEAVE TO INTERVENE)
12/21/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER RE: CONTINUANCE OF MOTION TO ADD MARIO ERNST AS T...) OF 12/21/2020
6/2/2011: COMPLAINT FOR DECLARATORY RELIEF REQUEST FOR PRIORITY TRIAL SETTING UNDER CCP 1062.3
7/22/2011: NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF WARREN A. KOSHOFER IN SUPPORT THEREOF
8/26/2011: MINUTE ORDER
9/14/2011: Minute Order -
9/23/2011: DECLARATION OF SANFORD L. MICHELMAN IN SUPPORT OF DEFENDANTS OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION
9/23/2011: DEFENDANTS OBJECTIONS TO THE ORIGINAL AND SUPPLEMENTAL DECLARATIONS OF MICHAEL DODO SUBMITTED IN SUPPORT OF PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION
10/20/2011: Minute Order -
12/23/2011: ORDER
2/21/2012: CASE MANAGEMENT STATEMENT -
5/8/2012: NOTICE OF CONTINUANCE OF HEARING
3/23/2016: MICHAEL DODO?S DECLARATION RN SUPPORT OF MOTION FOR ORDER OF ENTRY OF JUDGMENT PURSUANT TO CODE CIV. PROC. ?664.6
4/1/2016: DEFENDANT TLD ACQUSITION CO., LLC'S NOTICE OF NON-OPPOSITION TO PLAINTIFF MICHAEL DODO'S MOTION FOR ORDER OF ENTRY OF JUDGMENT IN THE AMOUNT OF $678,069
Hearing01/11/2021 at 09:30 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion - Other Motion to Add Mario Ernst as Third-Party Judgment Debtor
Hearing01/11/2021 at 09:30 AM in Department 48 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Counsel's Representation of EOS Recovery, LLC.
Docketat 3:30 PM in Department 48, Laura A. Seigle, Presiding; Court Order
DocketCertificate of Mailing for ((Court Order re: Continuance of Motion to Add Mario Ernst as T...) of 12/21/2020); Filed by Clerk
DocketMinute Order ( (Court Order re: Continuance of Motion to Add Mario Ernst as T...)); Filed by Clerk
DocketNotice of Ruling; Filed by EOS Recovery, LLC (Non-Party)
Docketat 09:30 AM in Department 48, Laura A. Seigle, Presiding; Hearing on Motion for Leave to Intervene - Held - Motion Denied
DocketNotice (Of Reduced Page Limit Motion); Filed by EOS Recovery, LLC (Non-Party)
DocketMinute Order ( (Hearing on Motion for Leave to Intervene)); Filed by Clerk
Docketat 09:30 AM in Department 48, Laura A. Seigle, Presiding; Hearing on Motion - Other (Motion to Add Mario Ernst as Third-Party Judgment Debtor) - Not Held - Rescheduled by Party
DocketStipulation and Order; Filed by TLD Acquisition Co., LLC (Defendant)
DocketNOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; DECLARATION OF WARREN A. KOSHOFER IN SUPPORT THEREOF
DocketMotion to Compel; Filed by TLD Acquisition Co., LLC (Defendant)
DocketProof of Service (not Summons and Complaint); Filed by Michael Dodo (Plaintiff)
DocketPROOF OF SERVICE SUMMONS
DocketNOTICE OF CASE MANAGEMENT CONFERENCE
DocketNotice of Case Management Conference; Filed by Clerk
DocketSUMMONS
DocketCOMPLAINT FOR DECLARATORY RELIEF REQUEST FOR PRIORITY TRIAL SETTING UNDER CCP 1062.3
DocketComplaint; Filed by Michael Dodo (Plaintiff)
Case Number: BC462700 Hearing Date: December 03, 2020 Dept: 48
[TENTATIVE] ORDER RE: MOTION FOR LEAVE TO INTERVENE AND TO FILE MEMORANDUM OF POINTS AND AUTHORITIES EXCEEDING PAGE LIMITS
On April 14, 2016, the Court entered judgment in favor of Plaintiff Michael Dodo (“Plaintiff”) and against Defendant TLD Acquisition Co., LLC. On September 25, 2020, Plaintiff filed a declaration and an Acknowledgement of Assignment of Judgment, indicating that Plaintiff transferred and assigned his interest in the judgment to EOS Recovery, LLC (“EOS”).
On October 29, 2020, EOS filed a motion to add a third-party debtor and an ex parte application to intervene and file an oversized memorandum of points and authorities in support of the motion to add a third-party judgment debtor. On November 5, 2020, the Court denied the ex parte application, finding that EOS had not shown good cause for a brief longer than 15 pages and had not shown good cause for seeking to intervene on ex parte notice.
Also on November 5, 2020, EOS filed this motion for leave to intervene and to file an oversized memorandum of points and authorities in support of the motion to add a third-party judgment debtor. On November 11, 2020, EOS filed a renewed ex parte application to intervene on shortened notice and to file an oversized memorandum of points and authorities. On November 16, 2020, the Court denied the ex parte application and instructed EOS to continue its motion to add a third-party judgment debtor to a date after the hearing on the motion to intervene. The Court again found that EOS had not shown that it needs 27 pages for its motion to add a third-party judgment debtor.
Accordingly, the request to file an oversized brief in support of the motion to add a third-party judgment debtor (Motion at p. 6) is again denied.
EOS seeks to intervene because Plaintiff assigned all right, title, and interest in the judgment to EOS, giving it a direct interest in the action. (Motion at p. 5.) Intervention permits an intervenor to join a plaintiff in the complaint, join a defendant in defending against the complaint, or demand anything adverse to the plaintiff and defendant by filing a complaint in intervention or an answer in intervention. (See Code Civ. Proc., § 387, subds. (b), (e)(1).) EOS is not seeking to join Plaintiff’s claims. Rather, EOS has already been assigned Plaintiff’s full interest in the judgment in this completed action. To use statutory enforcement remedies, EOS must become assignee of record. (Fjaeran v. Board of Supervisors (1989) 210 Cal.App.3d 434, 440; Code Civ. Proc., § 681.020; see Code Civ. Proc., § 673.) On September 25, 2020, Plaintiff filed an Acknowledgement of Assignment of Judgment that complies with Code of Civil Procedure section 673. Thus, EOS may already enforce its interest in the judgment, and intervention is not required.
Accordingly, the motion for leave to intervene is DENIED.
Moving party to give notice.
Parties who intend to submit on this tentative must send an email to the Court at SMCDEPT48@lacourt.org indicating intention to submit. Parties intending to appear are STRONGLY encouraged to appear remotely.