This case was last updated from Los Angeles County Superior Courts on 06/10/2019 at 06:39:00 (UTC).

MOLLY'S FROZEN TREATS #43352 LLC VS EMPIRE CONSTRUCTION DEVE

Case Summary

On 12/22/2016 MOLLY'S FROZEN TREATS 43352 LLC filed a Property - Other Real Property lawsuit against EMPIRE CONSTRUCTION DEVE. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4770

  • Filing Date:

    12/22/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiffs and Petitioners

DAIRY QUEEN

MOLLY'S FOREZN TREATS #43352 LLC

MOLLY'S FROZEN TREATS #43352 LLC DBA DAIRY QUEEN A CALIFORNIA LIMITED LIABILITY COMPANY

Defendants and Respondents

EMPIRE CONSTRUCTION DEVELOPMENT SERVICE

DOES 1 THROUGH 50

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

SZE DENISE HSU

SZE DENISE H

 

Court Documents

NOTICE OF CHANGE OF ADDRESS

12/26/2017: NOTICE OF CHANGE OF ADDRESS

Proof of Service

12/26/2017: Proof of Service

Unknown

1/30/2018: Unknown

NOTICE OF CASE MANAGEMENT CONFERENCE

2/7/2018: NOTICE OF CASE MANAGEMENT CONFERENCE

Minute Order

5/17/2018: Minute Order

REQUEST FOR ENTRY OF DEFAULT

6/1/2018: REQUEST FOR ENTRY OF DEFAULT

Case Management Statement

1/10/2019: Case Management Statement

Unknown

4/23/2019: Unknown

Minute Order

4/29/2019: Minute Order

SUMMONS

12/22/2016: SUMMONS

COMPLAINT FOR: (1) NEGLIGENCE JURY TRIAL DEMANDED UNLIMITED JURISDICTION

12/22/2016: COMPLAINT FOR: (1) NEGLIGENCE JURY TRIAL DEMANDED UNLIMITED JURISDICTION

Unknown

4/6/2017: Unknown

DECLARATION OF NON SERVICE

5/30/2017: DECLARATION OF NON SERVICE

Unknown

6/8/2017: Unknown

Minute Order

6/14/2017: Minute Order

Minute Order

8/2/2017: Minute Order

NOTICE OF RULING RE: CONTINUED CASE MANAGEMENT CONFERENCE

8/7/2017: NOTICE OF RULING RE: CONTINUED CASE MANAGEMENT CONFERENCE

26 More Documents Available

 

Docket Entries

  • 04/29/2019
  • at 08:30 AM in Department 78; Status Conference (as to BC682316) - Held

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  • 04/29/2019
  • at 08:30 AM in Department 78; Default Prove Up Hearing - Held - Continued

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  • 04/29/2019
  • at 08:30 AM in Department 78; Order to Show Cause Re: (Failure to File Request for Entry of Default) - Held - Continued

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  • 04/29/2019
  • Minute Order ( (Order to Show Cause Re: Failure to File Request for Entry of ...)); Filed by Clerk

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  • 04/24/2019
  • Notice (of Hearing on Related Cases); Filed by Molly's Frozen Treats #43352, LLC (Plaintiff); Dairy Queen (Plaintiff)

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  • 04/23/2019
  • at 08:30 AM in Department 78; Court Order

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  • 04/23/2019
  • Notice (of Related Case); Filed by Molly's Frozen Treats #43352, LLC (Plaintiff); Dairy Queen (Plaintiff)

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  • 04/23/2019
  • Minute Order ( (Court Order)); Filed by Clerk

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  • 04/23/2019
  • Certificate of Mailing for (Minute Order (Court Order) of 04/23/2019); Filed by Clerk

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  • 01/25/2019
  • at 08:30 AM in Department 78; Case Management Conference - Held

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75 More Docket Entries
  • 04/21/2017
  • Minute order entered: 2017-04-21 00:00:00; Filed by Clerk

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  • 04/21/2017
  • Minute Order

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  • 04/18/2017
  • PROOF OF UNSUCCESSFUL SERVICE - CIVIL

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  • 04/18/2017
  • Proof-Personal Service

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  • 04/06/2017
  • CASE MANAGEMENT STATEMENT

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  • 01/03/2017
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 01/03/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 12/22/2016
  • Complaint; Filed by Molly's Frozen Treats #43352, LLC (Plaintiff)

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  • 12/22/2016
  • COMPLAINT FOR: (1) NEGLIGENCE JURY TRIAL DEMANDED UNLIMITED JURISDICTION

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  • 12/22/2016
  • SUMMONS

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Tentative Rulings

Case Number: BC644770    Hearing Date: February 02, 2021    Dept: 78

Superior Court of California

County of Los Angeles

Department 78

MOLLY’S FROZEN TREATS #43352, LLC;

Plaintiff,

vs.

EMPIRE CONSTRUCTION, DEVELOPMENT SERVICE, et al.;

Defendant.

Case No.:

BC644770

Hearing Date:

February 2, 2021

[TENTATIVE] RULING RE:

request for entry of default judgment.

Plaintiff Molly’s Frozen Treats #43352, LLC (“Molly’s Frozen Treats”)’s Requests Entry of Default Judgment against Defendant Empire Construction Development Service (“Empire”).

Default was entered against Defendant Empire on October 4, 2018. On July 6, 2020, this Court denied Plaintiff Molly’s Frozen Treats’ Request for Entry of Default Judgment for various deficiencies.

On October 13, 2020, Molly’s Frozen Treats filed a First Amended Complaint. The filing of an amended complaint voids the previous entry of default because the defendant is afforded time to respond to the new summons and amended complaint. (Code Civ. Proc., § 412.20.) On November 10, 2020, Molly’s Frozen Treats filed a Request for Default Judgment, but has not filed a new Request for Entry of Default after filing the First Amended Complaint.

Accordingly, the Court may not entry a default judgment at this time because default has not been properly entered against Empire.

The Request for Entry of Default Judgment is DENIED without prejudice.

DATED: February 2, 2021

________________________________

Hon. Robert S. Draper

Judge of the Superior Court

Case Number: BC644770    Hearing Date: July 06, 2020    Dept: 78

Superior Court of California

County of Los Angeles

Department 78

MOLLY’S FROZEN TREATS #43352, LLC;

Plaintiff,

vs.

EMPIRE CONSTRUCTION, DEVELOPMENT SERVICE, et al.;

Defendant.

Case No.:

BC644770

Hearing Date:

July 6, 2020

[TENTATIVE] RULING RE:

request for entry of default judgment.

Plaintiff Molly’s Frozen Treats #43352, LLC (“Molly’s Frozen Treats”)’s Request for Entry of Default Judgment is DENIED for the following reasons.

A plaintiff must obtain a default judgment against the Defendant within 45 days after entry of default. (Cal. Rules of Court, Rule 3.110(d).) Here, the Court entered default on October 4, 2018. Plaintiff filed the instant Request for Entry of Default Judgment on March 6, 2020, a year and half later. Further, Plaintiff has failed to dismiss Defendants Does 1-50 named as defendants in the Complaint.

Additionally, while the plaintiff requests entry of a default judgment in the amount of $281,007.14 plus costs, the Complaint only alleges that damages “are in excess of $25,000.00 the jurisdictional minimum” and will be sought “according to proof.” (Compl. ¶ 9. The prayer does not contain any specific statement of the amount of damages, alleging only that plaintiff is seeking compensatory damages and general damages “according to proof” (prayer ¶¶1-2.) In these circumstances an award of damages to plaintiff in excess of $25,000 would be void on its face. (Yu v. Liberty Surplus Ins. Corp. (2018) 30 Cal.App.5th 1024, 1029-1030, reh'g denied (Jan. 4, 2019), reh'g denied (Jan. 23, 2019), review denied (Mar. 20, 2019)

Plaintiff to give notice.

DATED: July 6, 2020

________________________________

Hon. Robert S. Draper

Judge of the Superior Court

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