This case was last updated from Los Angeles County Superior Courts on 07/04/2019 at 07:08:05 (UTC).

THE CHIEF MOVIE LLC VS ROBERT FEINSTEIN ET AL

Case Summary

On 10/19/2015 THE CHIEF MOVIE LLC filed a Property - Other Property Fraud lawsuit against ROBERT FEINSTEIN. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ROBERT L. HESS. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8406

  • Filing Date:

    10/19/2015

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Property Fraud

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

ROBERT L. HESS

 

Party Details

Plaintiffs and Petitioners

CHIEF MOVIE LLC THE

THE CHIEF MOVIE LLC

Defendants and Respondents

CELEBRITY HOME ENTERTAINMENT INC.

CELEBRITY VIDEO DISTRIBUTION INC.

DOES 1-50

EYE FILM RELEASING INC.

FEINSTEIN ROBERT

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

ARCHINACO / BRACKEN LLC

CHANDLER LAW FIRM

CHANDLER PAUL W

ARCHINACO JASON A

Defendant Attorneys

MYRNA FEINSTEIN TRUSTEE OF THE FEINTEINS

FISHER ALEXANDER J ESQ.

ROBERT FEINTEIN.TRUSTEE OF THE FEINTEIN

 

Court Documents

NOTICE OF REJECTION OF APPLICATION AND ORDER FOR SERVICE ON THE SECRETARY OF STATE-CORPS; LLCS; LPS

4/25/2018: NOTICE OF REJECTION OF APPLICATION AND ORDER FOR SERVICE ON THE SECRETARY OF STATE-CORPS; LLCS; LPS

Minute Order

5/8/2018: Minute Order

Notice of Rejection - Fax Filing

10/16/2018: Notice of Rejection - Fax Filing

Minute Order

10/23/2018: Minute Order

Proof of Service (not Summons and Complaint)

5/17/2019: Proof of Service (not Summons and Complaint)

Proof of Personal Service

5/17/2019: Proof of Personal Service

Proof of Personal Service

5/17/2019: Proof of Personal Service

COMPLAINT FOR: 1. BREACH OF WRITTEN CONTRACT; ETC

10/19/2015: COMPLAINT FOR: 1. BREACH OF WRITTEN CONTRACT; ETC

CASE MANAGEMENT STATEMENT

2/23/2016: CASE MANAGEMENT STATEMENT

PROOF OF SERVICE OF SUMMONS

8/4/2016: PROOF OF SERVICE OF SUMMONS

PROOF OF SERVICE OF SUMMONS

8/4/2016: PROOF OF SERVICE OF SUMMONS

PROOF OF SERVICE OF SUMMONS

8/4/2016: PROOF OF SERVICE OF SUMMONS

PROOF OF SERVICE OF SUMMONS

8/4/2016: PROOF OF SERVICE OF SUMMONS

PLAINTIFF'S OPPOSITION TO DEMURRER OF DEFENDANTS ROBERT FEINSTEIN AS AN INDIVIDUAL AND AS TRUSTEE OF THE FIENSTEIN LIVING TRUST, MYRNA FEINSTEIN AS TRUSTEE OF THE FIENSTEIN LIVING TRUST, AND EYE FILM

11/17/2016: PLAINTIFF'S OPPOSITION TO DEMURRER OF DEFENDANTS ROBERT FEINSTEIN AS AN INDIVIDUAL AND AS TRUSTEE OF THE FIENSTEIN LIVING TRUST, MYRNA FEINSTEIN AS TRUSTEE OF THE FIENSTEIN LIVING TRUST, AND EYE FILM

NOTICE OF CHANGE OF FIRM ADDESS AND CONTACT INFORMATION

12/23/2016: NOTICE OF CHANGE OF FIRM ADDESS AND CONTACT INFORMATION

Minute Order

4/4/2017: Minute Order

REPLY TO OPPOSITION TO DEMURRER TO THE SECOND AMENDED COMPLAINT

5/9/2017: REPLY TO OPPOSITION TO DEMURRER TO THE SECOND AMENDED COMPLAINT

MEMO COSTS SUMMARY

8/1/2017: MEMO COSTS SUMMARY

53 More Documents Available

 

Docket Entries

  • 06/07/2019
  • Notice of Rejection Default/Clerk's Judgment; Filed by Clerk

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  • 05/21/2019
  • at 08:30 AM in Department 24; Order to Show Cause Re: Dismissal (/Entry of Default) - Held - Continued

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  • 05/21/2019
  • Minute Order ( (Order to Show Cause Re: Dismissal /Entry of Default)); Filed by Clerk

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  • 05/17/2019
  • Proof of Personal Service; Filed by Celebrity Video Distribution, Inc. (Defendant)

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  • 05/17/2019
  • Proof of Personal Service; Filed by The Chief Movie, LLC (Plaintiff)

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  • 05/17/2019
  • Proof of Service (not Summons and Complaint); Filed by The Chief Movie, LLC (Plaintiff)

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  • 04/05/2019
  • at 08:30 AM in Department 24; Order to Show Cause Re: (Default Judgment) - Held

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  • 04/05/2019
  • Minute Order ( (Order to Show Cause Re: Default Judgment)); Filed by Clerk

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  • 03/05/2019
  • at 08:30 AM in Department 24; Order to Show Cause Re: (Default Judgment) - Held - Continued

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  • 03/05/2019
  • Minute Order ( (Order to Show Cause Re: Default Judgment)); Filed by Clerk

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109 More Docket Entries
  • 05/05/2016
  • Minute order entered: 2016-05-05 00:00:00; Filed by Clerk

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  • 02/25/2016
  • at 08:30 AM in Department 24; Case Management Conference (Conference-Case Management; Proceeding continued) -

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  • 02/25/2016
  • Minute order entered: 2016-02-25 00:00:00; Filed by Clerk

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  • 02/25/2016
  • Minute Order

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  • 02/23/2016
  • CASE MANAGEMENT STATEMENT

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  • 10/27/2015
  • Notice of Case Management Conference; Filed by Clerk

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  • 10/27/2015
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 10/19/2015
  • Complaint; Filed by Chief Movie, LLC, The (Plaintiff)

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  • 10/19/2015
  • COMPLAINT FOR: 1. BREACH OF WRITTEN CONTRACT; ETC

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  • 10/19/2015
  • SUMMONS

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Tentative Rulings

Case Number: BC598406    Hearing Date: February 28, 2020    Dept: 24

Plaintiff’s default judgment application is DENIED without prejudice.

Plaintiff submitted a doe dismissal on February 18, 2020, which only addresses one issue with the packet. The Court notes the following issues still persist.

The request for $1,000,000.00 in punitive damages will not be awarded. Even if evidence demonstrated punitive damages were appropriate, there is no evidence regarding Defendants’ ability to pay. (See Cummings Medical Corp v. Occupational Medical Corp. (1992) 10 Cal.App.4th 1291 [some measure of the effect of a punitive damages award in terms of deterrence is required before punitive damages may be awarded in a default judgment].)

The request for $250,000.00 is not supported by the SAC, since it acknowledges credits. The SAC alleges that there were 4 payments of $818.00 made on the $250,000.00 owing under the contract. (SAC ¶¶ 52-54.) Further, the declaration notes that the breach did not occur until approximately March 2013, which supports the SAC’s allegations that payments were made. (Chaffee Decl., ¶ 12.) Plaintiff should account for these credits and make corresponding corrections to the interest.

Case Number: BC598406    Hearing Date: December 19, 2019    Dept: 24

Plaintiff’s default judgment application is DENIED without prejudice.

The Court notes the following issues.

The request for $1,000,000.00 in punitive damages will not be awarded. Even if evidence demonstrated punitive damages were appropriate, there is no evidence regarding Defendants’ ability to pay. (See Cummings Medical Corp v. Occupational Medical Corp. (1992) 10 Cal.App.4th 1291 [some measure of the effect of a punitive damages award in terms of deterrence is required before punitive damages may be awarded in a default judgment].)

The request for $250,000.00 is not supported by the SAC, since it acknowledges credits. The SAC alleges that there were 4 payments of $818.00 made on the $250,000.00 owing under the contract. (SAC ¶¶ 52-54.) Further, the declaration notes that the breach did not occur until approximately March 2013, which supports the SAC’s allegations that payments were made. (Chaffee Decl., ¶ 12.) Plaintiff should account for these credits and make corresponding corrections to the interest.

The remaining doe defendants have not been dismissed. Plaintiff should file a request for dismissal regarding all unnamed does.

Moving party is ordered to give notice.