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This case was last updated from Los Angeles County Superior Courts on 04/16/2019 at 01:12:04 (UTC).

RICHARD WALTERS, ET AL. VS VASSAL BENFORD, ET AL.

Case Summary

On 01/14/2009 RICHARD WALTERS filed a Contract - Debt Collection lawsuit against VASSAL BENFORD. This case was filed in Los Angeles County Superior Courts, Van Nuys Courthouse East located in Los Angeles, California. The Judges overseeing this case are FRANK J. JOHNSON, MARIA E. STRATTON, BERT GLENNON, JR, JOHN J. KRALIK and SHIRLEY K. WATKINS. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4069

  • Filing Date:

    01/14/2009

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Van Nuys Courthouse East

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

FRANK J. JOHNSON

MARIA E. STRATTON

BERT GLENNON, JR

JOHN J. KRALIK

SHIRLEY K. WATKINS

 

Party Details

Plaintiffs

SMASH MUSIC INC.

WALTERS RICHARD

Defendants

DIAMOND ENTERTAINMENT GROUP LLC

BENFORD VASSAL

DOES 1 TO 10

Attorney/Law Firm Details

Plaintiff Attorneys

WALTERS RICHARD

STREETER DANIEL THOMAS JR.

Defendant Attorney

LEBOW RONALD M

 

Court Documents

Minute Order

3/20/2015: Minute Order

Minute Order

3/30/2015: Minute Order

Unknown

9/28/2015: Unknown

Minute Order

9/29/2015: Minute Order

Minute Order

10/20/2015: Minute Order

Unknown

1/11/2016: Unknown

Minute Order

2/18/2016: Minute Order

Minute Order

8/25/2016: Minute Order

Minute Order

2/9/2017: Minute Order

Minute Order

6/14/2017: Minute Order

Unknown

7/25/2018: Unknown

Notice of Motion

8/14/2018: Notice of Motion

Minute Order

8/14/2018: Minute Order

Minute Order

8/14/2018: Minute Order

Minute Order

9/6/2018: Minute Order

Motion to Compel

10/29/2018: Motion to Compel

Opposition

11/19/2018: Opposition

Stipulation and Order

4/9/2019: Stipulation and Order

67 More Documents Available

 

Docket Entries

  • 04/15/2019
  • Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 04/09/2019
  • at 08:30 AM in Department T, Shirley K. Watkins, Presiding; Non-Jury Trial (on Contempt) - Held - Continued

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  • 04/09/2019
  • Minute Order ( (Non-Jury Trial on Contempt)); Filed by Clerk

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  • 04/09/2019
  • Stipulation and Order (to Continue Contempt Trial of Defendant/Judgment Debtor Vassal Benford); Filed by Richard Walters (Plaintiff)

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  • 03/19/2019
  • Notice of Ruling; Filed by Richard Walters (Plaintiff)

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  • 03/12/2019
  • Notice of Rejection - Pleadings; Filed by Clerk

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  • 02/27/2019
  • at 1:30 PM in Department T, Shirley K. Watkins, Presiding; Non-Jury Trial (on Contempt) - Not Held - Advanced and Vacated

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  • 02/26/2019
  • at 1:30 PM in Department T, Shirley K. Watkins, Presiding; Non-Jury Trial (on Contempt) - Not Held - Continued - Stipulation

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  • 02/26/2019
  • Minute Order ( (Non-Jury Trial on Contempt)); Filed by Clerk

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  • 12/17/2018
  • at 08:30 AM in Department T, Shirley K. Watkins, Presiding; (OSC re Contempt) - Not Held - Advanced and Continued - by Court

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424 More Docket Entries
  • 04/23/2009
  • at 08:30 AM in Department T; Initial Status Conference - Held

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  • 04/23/2009
  • at 08:30 am in Department NWT, BERT GLENNON, JR, Presiding; Conference-Initial Status - Held

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  • 04/22/2009
  • Request-Enter Default (REJECTED: DEFECTIVE PROOF OF SERVI CE. ); Filed by Plaintiff in Pro Per

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  • 04/22/2009
  • Request for Entry of Default / Judgment; Filed by Plaintiff

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  • 01/14/2009
  • Summons-Issued

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  • 01/14/2009
  • Notice of Case Management Conference; Filed by null

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  • 01/14/2009
  • Complaint; Filed by Smash Music Inc. (Plaintiff)

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  • 01/14/2009
  • Complaint

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  • 01/14/2009
  • Notice-Case Management Conference

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  • 01/14/2009
  • Summons-Issued; Filed by Plaintiff in Pro Per

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Tentative Rulings

Case Number: LC084069    Hearing Date: February 10, 2021    Dept: T

TENTATIVE RULING

2/10/2021

WALTERS V BENFORD/LC084069

MOTION TO AMEND JUDGMENT

The motion is DENIED. A wife cannot be added to a judgment rendered against her husband in an action in which she was not named and had no opportunity to defend. “Indeed, no such amendment is necessary because the Legislature has declared that, “[e]xcept as otherwise expressly provided by statute, the community property is liable for debt incurred by either spouse ... during marriage ... regardless whether one or both spouses are parties to the debt or to a judgment for the debt.” ( Civ.Code, § 5120.110, subd. (a), emphasis added.)…As the court explained in NEC Electronics Inc. v. Hurt, supra, 208 Cal.App.3d at pp. 778–781, 256 Cal.Rptr. 441, amendments adding additional judgment debtors are appropriate only where it can be demonstrated that the newly added party in fact had control of the previous litigation and thus was virtually represented in the lawsuit. (Id. 208 Cal.App.3d at p. 778, 256 Cal.Rptr. 441.) But where no claim was made against the new party personally and the new party did not participate in the defense of the action or have any duty to appear and personally defend in that action, the new party cannot be added as a judgment debtor by a post-judgment amendment. (Id. at p. 779, 256 Cal.Rptr. 441.)” Oyakawa v. Gillett (1992) 8 Cal.App.4th 628, 631, 632.

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