This case was last updated from Los Angeles County Superior Courts on 06/08/2019 at 02:30:08 (UTC).

TSMB HOLDINGS LLC VS KIMBERLY KAY SMITH ET AL

Case Summary

On 11/09/2016 TSMB HOLDINGS LLC filed a Contract - Other Contract lawsuit against KIMBERLY KAY SMITH. 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:

    ****0139

  • Filing Date:

    11/09/2016

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiffs and Petitioners

ISMB HOLDINGS LLC

TSMB HOLDINGS LLC

Defendants, Respondents and Cross Plaintiffs

DOES 1-10

SMITH KIMBERLY KAY

SMITH GEORGE

Plaintiff and Cross Defendant

TSMB HOLDINGS LLC

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

LAW OFFICE OF RICHARD A. GROSSMAN. ESQ

GROSSMAN RICHARD ALAN

Defendant Attorneys

MATLOOB SABRINA

BOWSE MICHAEL ANDREW

Cross Plaintiff Attorney

TRUNNELL CHRISTIAN WILLIAM

 

Court Documents

Unknown

1/24/2018: Unknown

Reply

10/29/2018: Reply

Minute Order

11/5/2018: Minute Order

Motion to Compel

12/17/2018: Motion to Compel

Opposition

12/31/2018: Opposition

Proof of Service by Mail

1/8/2019: Proof of Service by Mail

Minute Order

1/14/2019: Minute Order

Notice

1/15/2019: Notice

Unknown

1/24/2019: Unknown

Minute Order

2/4/2019: Minute Order

COMPLAINT-CONTRACT

11/9/2016: COMPLAINT-CONTRACT

Minute Order

3/29/2017: Minute Order

NOTICE OF RULING OR ORDER AND OSC RE FAILURE TO FILE DEFAULT JUDGMENT

5/1/2017: NOTICE OF RULING OR ORDER AND OSC RE FAILURE TO FILE DEFAULT JUDGMENT

DECLARATION OF KIMBERLY KAY SMITH IN SUPPORT OF DEFENDANTS? MOTION TO QUASH SERVICE OF PROCESS AND TO SET ASIDE DEFAULT

9/19/2017: DECLARATION OF KIMBERLY KAY SMITH IN SUPPORT OF DEFENDANTS? MOTION TO QUASH SERVICE OF PROCESS AND TO SET ASIDE DEFAULT

DECLARATION OF BRIAN DURINSKY IN OPPOSITION TO DEFENDANTS' MOTION TO QUASH SERVICE OF PROCESS AND SET ASIDE DEFAULT AND EFAULT JUDGMENT

10/18/2017: DECLARATION OF BRIAN DURINSKY IN OPPOSITION TO DEFENDANTS' MOTION TO QUASH SERVICE OF PROCESS AND SET ASIDE DEFAULT AND EFAULT JUDGMENT

DECLARATION OF KIMBERLY KAY SMITH IN SUPPORT OF DEFENDANTS' REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO QUASH SERVICE OF PROCESS AND TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT

10/20/2017: DECLARATION OF KIMBERLY KAY SMITH IN SUPPORT OF DEFENDANTS' REPLY MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION TO QUASH SERVICE OF PROCESS AND TO SET ASIDE DEFAULT AND DEFAULT JUDGMENT

Minute Order

10/27/2017: Minute Order

DEFENDANTS KIMBERLY KAY SMITH'S AND GEORGE SMITH'S ANSWER TO COMPLAINT

11/27/2017: DEFENDANTS KIMBERLY KAY SMITH'S AND GEORGE SMITH'S ANSWER TO COMPLAINT

119 More Documents Available

 

Docket Entries

  • 02/05/2019
  • at 09:00 AM in Department 39; Hearing on Motion for Reconsideration (of Order Dated November 5, 2018) - Not Held - Rescheduled by Party

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  • 02/04/2019
  • at 09:30 AM in Department 39; Jury Trial - Not Held - Continued - Party's Motion

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  • 02/04/2019
  • at 09:30 AM in Department 39; Final Status Conference - Not Held - Continued - Party's Motion

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  • 02/04/2019
  • at 08:30 AM in Department 39; Hearing on Ex Parte Application (Ex Parte Application for Order to Continue Trial) - Held - Motion Granted

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  • 02/04/2019
  • Minute Order ( (Hearing on Ex Parte Application for Order to Continue Trial; ...)); Filed by Clerk

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  • 02/04/2019
  • Opposition (to Ex Parte Application by Kimberly Kay Smith re Trial Continuance); Filed by TSMB Holdings, LLC (Plaintiff)

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  • 01/31/2019
  • Declaration in Support of Ex Parte Application; Filed by Kimberly Kay Smith (Defendant)

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  • 01/31/2019
  • Notice (Notice of Filing of Declaration of Dr. Cory A. Waldman M.D.); Filed by Kimberly Kay Smith (Defendant)

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  • 01/31/2019
  • Ex Parte Application (for Order to Continue Trial); Filed by Kimberly Kay Smith (Defendant)

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  • 01/31/2019
  • Declaration in Support of Ex Parte Application; Filed by Kimberly Kay Smith (Defendant)

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203 More Docket Entries
  • 12/07/2016
  • Proof-Service/Summons

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  • 12/07/2016
  • PROOF OF SERVICE OF SUMMONS

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  • 12/07/2016
  • PROOF OF SERVICE OF SUMMONS

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  • 11/15/2016
  • ORDER TO SHOW CAUSE HEARING

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  • 11/15/2016
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 11/15/2016
  • Notice of Case Management Conference; Filed by Clerk

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  • 11/15/2016
  • OSC-Failure to File Proof of Serv; Filed by Clerk

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  • 11/09/2016
  • Complaint; Filed by null

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  • 11/09/2016
  • COMPLAINT-CONTRACT

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  • 11/09/2016
  • SUMMONS

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Tentative Rulings

Case Number: BC640139    Hearing Date: April 26, 2021    Dept: 39

TSMB Holdings LLC v. Kimberly Kay Smith, et al.

Case No. BC640139

Order to Show Cause re: Five-Year Date

Order to Show Cause re: Deposit of Funds with Court

A. Deposit of Funds

This case was filed on November 9, 2016. Plaintiff obtained a default judgment on May 1, 2017, but the prior judge assigned to this case set aside the default judgment on October 27, 2017. In the interim, however, Plaintiff had levied Defendants’ funds. At the case management conference on January 24, 2018, the prior judge ordered that the funds should not be returned. Then, on May 15, 2018, the prior judge ordered that the levied funds should be kept in Plaintiff’s counsel’s trust account. Defendants have reserved a hearing date for a motion for return of these funds for July 20, 2021. The prior judges’ orders do not cite legal authority for retaining levied funds after a default judgment has been set aside. Therefore, the Court issues an Order to Show Cause why the Court should not order Plaintiff’s counsel to deposit the funds plus any interest with the Court pending a decision on Defendants’ motion.

B. Five-Year Date

This case was filed on November 9, 2016. Pursuant to Code of Civil Procedure section 583.310, an action shall be brought to trial within five years. However, for purposes of computing this time, the Court excludes all time for which “[b]ringing the action to trial . . . was impossible, impracticable, or futile.” (Code Civ. Proc. s 583.340(c).) Beginning on March 16, 2020, there have been no civil jury trials in the Los Angeles County Superior Court due to COVID-19. Pursuant to the Presiding Judge’s order of July 10, 2020, civil jury trials will resume on the first court day in January 2021, which is January 4, 2021. Therefore, this time period—March 16, 2020 to January 4, 2021—which is 294 days, is excluded.

Although the Court reopened for jury trials on January 4, 2021, the Court has been unable to proceed with jury trials due to the pandemic. Specifically, the Court cannot hold trials in the courtroom due to the requirements of social distancing and the number of attorneys and parties involved in a case of this nature, as well as the difficulty in summoning sufficient jurors for jury selection. This situation has existed until April 2, 2021. Therefore, this time period—January 4, 2021 to April 2, 2021—which is 88 days, is excluded.

Based upon the foregoing, the Court excludes a total of 382 days. Therefore, the deadline for this case to proceed to trial is November 26, 2022.

C. OSC Hearing

The Court shall hold a hearing on this Order to Show Cause at the Trial Setting Conference, which is set for April 26, 2021, at 8:30 a.m. The Court’s clerk shall provide notice via email.