This case was last updated from Los Angeles County Superior Courts on 01/04/2021 at 10:01:28 (UTC).

PAUL M DIAZ VS RUBEN MAS ET AL

Case Summary

On 09/17/2010 PAUL M DIAZ filed a Personal Injury - Other Personal Injury lawsuit against RUBEN MAS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are MICHAEL P. LINFIELD, ZAVEN V. SINANIAN and EDWARD B. MORETON. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****5623

  • Filing Date:

    09/17/2010

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MICHAEL P. LINFIELD

ZAVEN V. SINANIAN

EDWARD B. MORETON

 

Party Details

Plaintiff

DIAZ PAUL M.

Defendants

BANK OF AMERICA

DOES 1 THROUGH 100

GONZALEZ MARIA

MAS RUBEN

Assignees

HARRIS HALL

GRAHAM-NEWMAN LLC

Not Classified By Court

HARRIS HALL ASSIGNEE OF RECORD

BRAHINSKY DAVID S. ESQ.

Attorney/Law Firm Details

Plaintiff Attorney

BLANK JEFFREY M.

Defendant Attorneys

PENNY PATRICIA L. ESQ.

RIVERA MICHAEL A. ESQ.

SANCHEZ DENNIS JOHN ESQ.

TRAN A. MINA

SANCHEZ DENNIS JOHN

RIVERA MICHAEL A.

PENNY PATRICIA L.

DUNN NICOLE S.

 

Court Documents

Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

10/15/2018: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

Assignment of Judgment

4/18/2019: Assignment of Judgment

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATI...) OF 08/05/2019

8/5/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATI...) OF 08/05/2019

Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

2/7/2020: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

Order - ORDER TO APPLY PROPERTY TO THE SATISFACTION OF THE JUDGMENT

2/19/2020: Order - ORDER TO APPLY PROPERTY TO THE SATISFACTION OF THE JUDGMENT

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR ORDER REGARDING CLAIM OF ...)

2/27/2020: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR ORDER REGARDING CLAIM OF ...)

Notice of Ruling - NOTICE OF RULING AFTER HEARING ON FEBRUARY 27, 2020

3/6/2020: Notice of Ruling - NOTICE OF RULING AFTER HEARING ON FEBRUARY 27, 2020

Minute Order - MINUTE ORDER (RESCHEDULED HEARING ON APPLICATION FOR ORDER FOR APPEARANCE A...)

3/23/2020: Minute Order - MINUTE ORDER (RESCHEDULED HEARING ON APPLICATION FOR ORDER FOR APPEARANCE A...)

Notice of Ruling - NOTICE OF RULING AFTER HEARING ON JULY 30, 2020

8/5/2020: Notice of Ruling - NOTICE OF RULING AFTER HEARING ON JULY 30, 2020

REPLY TO NON-OPPOSITION TO DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT

3/29/2011: REPLY TO NON-OPPOSITION TO DEMURRER TO PLAINTIFFS FIRST AMENDED COMPLAINT

Minute Order -

4/12/2011: Minute Order -

STIPULATION TO CONTINUE HEARINGS ON DEMURRER AND MOTION TO STRIKE TO PLAINTIFFS FIRST AMENDED COMPLAINT

4/12/2011: STIPULATION TO CONTINUE HEARINGS ON DEMURRER AND MOTION TO STRIKE TO PLAINTIFFS FIRST AMENDED COMPLAINT

NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT AGAINST DEFENDANT RUBEN MAS; DECLARATION OF RUBEN MAS MEMORANDUM OF POINTS AND AUTHORITIES, PROPOSED ORDER; PROPOSED ANSWER.

4/13/2011: NOTICE OF MOTION AND MOTION TO SET ASIDE DEFAULT AGAINST DEFENDANT RUBEN MAS; DECLARATION OF RUBEN MAS MEMORANDUM OF POINTS AND AUTHORITIES, PROPOSED ORDER; PROPOSED ANSWER.

Minute Order -

1/20/2012: Minute Order -

Minute Order -

3/21/2012: Minute Order -

REQUEST FOR DISMISSAL -

3/21/2012: REQUEST FOR DISMISSAL -

128 More Documents Available

 

Docket Entries

  • 09/16/2020
  • Docketat 08:30 AM in Department 34; Non-Appearance Case Review (ReBankruptcy) - Not Held - Vacated by Court

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  • 08/17/2020
  • Docketat 09:30 AM in Department 34; Hearing on Motion to Stay Execution - Held

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  • 08/17/2020
  • Docketat 08:30 AM in Department 34; Hearing on Application for Order for Appearance and Examination (of Ruben Mas) - Held

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  • 08/17/2020
  • DocketMinute Order ( (Hearing on Application for Order for Appearance and Examinati...)); Filed by Clerk

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  • 08/17/2020
  • DocketCertificate of Mailing for ((Hearing on Application for Order for Appearance and Examinati...) of 08/17/2020); Filed by Clerk

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  • 08/05/2020
  • DocketNotice of Ruling (After Hearing on July 30, 2020); Filed by Harris Hall (Assignee of Record) (Non-Party)

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  • 08/04/2020
  • DocketNotice of Change of Address or Other Contact Information; Filed by A. Mina Tran (Attorney)

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  • 07/30/2020
  • Docketat 09:30 AM in Department 34; Hearing on Motion - Other (MOTION FOR TURNOVER ORDER PURSUANT TO-CCP 699.040) - Held

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  • 07/30/2020
  • DocketMinute Order ( (Hearing on Motion - Other MOTION FOR TURNOVER ORDER PURSUANT...)); Filed by Clerk

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  • 06/15/2020
  • Docketat 09:30 AM in Department 44, Edward B. Moreton, Presiding; Hearing on Motion to Stay Execution - Not Held - Trailed

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230 More Docket Entries
  • 11/02/2010
  • DocketProof-Service/Summons

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  • 11/02/2010
  • DocketProof-Service/Summons

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  • 11/02/2010
  • DocketPROOF OF SERVICE SUMMONS

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  • 10/21/2010
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

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  • 10/21/2010
  • DocketORDER TO SHOW CAUSE HEARING

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  • 10/21/2010
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 10/21/2010
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 09/17/2010
  • DocketSUMMONS

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  • 09/17/2010
  • DocketCOMPLAINT FOR: (D DECLARATORY RELIEF; ETC.

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  • 09/17/2010
  • DocketComplaint; Filed by Paul M. Diaz (Plaintiff)

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Tentative Rulings

Case Number: BC445623    Hearing Date: August 17, 2020    Dept: 34

SUBJECT: (1) Motion for Stay Execution

Moving Party: Defendant Ruben Mas

Resp. Party: None

SUBJECT: (2) Application for Order for Appearance and Examination of Ruben Mas

Moving Party: Harris Hall, Assignee of Record

Resp. Party: None

The motion for stay execution is TAKEN OFF CALENDAR.

The application for order for appearance and examination is TAKEN OFF CALENDAR.

PRELIMINARY COMMENTS:

On July 30, 2020, Harris Hall’s Motion for a Turnover Order was taken Off-Calendar because defendant had filed for bankruptcy on March 20, 2020. As indicated in the Courts July 30th Minute Order, and as reiterated below, this Court the filing of a bankruptcy deprives this court of jurisdiction to issue the requested orders.

This Court does not understand why Mr. Hall has continued with these motions after the Court’s July 30, 2020 ruling.

BACKGROUND:

On September 17, 2010, Plaintiff Paul M. Diaz commenced this case against Defendants Ruben Mas, Maria Gonzalez, and Bank of America.

On January 28, 2011, Plaintiff filed a first amended complaint for (1) declaratory relief; (2) conversion; (3) aiding and abetting conversion; (4) breach of duty of care; (5) breach of contract; (6) breach of promissory note; and (7) breach of implied covenant of good faith and fair dealing.

On October 12, 2011, pursuant to Plaintiff’s request, the Court dismissed Maria Gonzalez and Bank of America, N.A. from this action.

On March 21, 2012, the Court granted Plaintiff’s request for entry of default judgment against Defendant Ruben Mas in the amount of $121,201.61.

On June 21, 2018, Plaintiff filed an acknowledgement of assignment of judgment to Graham-Newman, LLC.

On January 22, 2019, Assignee of Record, Harris Hall filed the instant application for order of appearance and examination.

On February 25, 2020, Defendant filed the instant motion to stay execution.

On March 20, 2020, Defendant filed a notice of stay of proceedings due to a bankruptcy case.

On June 10, 2020, due to the closure of Department 44, this case was transferred and reassigned to Department 34 effective June 15, 2020.

On July 30, 2020, the Court took Assignee of Record, Harris Hall’s motion for turnover order off calendar due to the stay of proceedings.

ANALYSIS:

Defendant filed the instant motion to stay execution on the Order issued by the Court on February 19, 2020, ordering him to turn over to Plaintiff a 2018 Jeep Wrangler and a cell phone. (Motion to Stay Execution, p. 1:22-24.)

Assignee of Record, Harris Hall filed the instant application for order of appearance and examination of Defendant to furnish information to aid in enforcement of the money judgment against him. (Application, p. 1, ¶ 2(a).)

However, Defendant filed a notice of stay of proceedings on March 20, 2020. The filing of a bankruptcy proceeding operates as a stay of "the commencement or continuation ... of a judicial ... action or proceeding against the debtor that was or could have been commenced before the commencement of the [bankruptcy] case." (11 U.S.C. § 362(a)(1).) Absent a notice of modification or termination of stay, the Court is without authority to issue a ruling on this motion.

Accordingly, the motion for stay execution and application for order of appearance and examination are TAKEN OFF CALENDAR.

Case Number: BC445623    Hearing Date: July 30, 2020    Dept: 34

SUBJECT: Motion for Turnover Order

Moving Party: Harris Hall, Assignee of Record

Resp. Party: None

TENTATIVE RULING:

The motion for turnover order is TAKEN OFF CALENDAR.

BACKGROUND:

On September 17, 2010, Plaintiff Paul M. Diaz commenced this case against Defendants Ruben Mas, Maria Gonzalez, and Bank of America.

On January 28, 2011, Plaintiff filed a first amended complaint for (1) declaratory relief; (2) conversion; (3) aiding and abetting conversion; (4) breach of duty of care; (5) breach of contract; (6) breach of promissory note; and (7) breach of implied covenant of good faith and fair dealing.

On October 12, 2011, pursuant to Plaintiff’s request, the Court dismissed Maria Gonzalez and Bank of America, N.A. from this action.

On March 21, 2012, the Court granted Plaintiff’s request for entry of default judgment against Defendant Ruben Mas in the amount of $121,201.61.

On June 21, 2018, Plaintiff filed an acknowledgement of assignment of judgment to Graham-Newman, LLC.

On March 5, 2020, Assignee of Record, Harris Hall, filed the instant motion for turnover order.

On March 20, 2020, Defendant filed a notice of stay of proceedings due to a bankruptcy case.

On June 10, 2020, due to the closure of Department 44, this case was transferred and reassigned to Department 34 effective June 15, 2020.

ANALYSIS:

Assignee of Record, Harris Hall, moves the Court to “issue a Turnover Order pursuant to Code of Civil Procedure §699.040, requiring the judgment debtor to deliver the following personal property to the levying officer: 2014 Ford Raptor pickup truck with License Plate RUBIYA and VIN number 1FTFW1R64EFB99922.” (Motion, p. 3:24-26.)

Defendant filed a notice of stay of proceedings on March 20, 2020. The filing of a bankruptcy proceeding operates as a stay of "the commencement or continuation ... of a judicial ... action or proceeding against the debtor that was or could have been commenced before the commencement of the [bankruptcy] case." (11 U.S.C. § 362(a)(1).) Absent a notice of modification or termination of stay, the Court is without authority to issue a ruling on this motion.

Accordingly, the motion for turnover order is TAKEN OFF CALENDAR.