This case was last updated from Los Angeles County Superior Courts on 04/07/2022 at 20:24:40 (UTC).

ALMA D RIVERA VS BARBARA NANIA, ET AL.

Case Summary

On 01/20/2021 ALMA D RIVERA filed a Property - Other Real Property lawsuit against BARBARA NANIA. This case was filed in Los Angeles County Superior Courts, Chatsworth Courthouse located in Los Angeles, California. The Judge overseeing this case is MELVIN D. SANDVIG. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0042

  • Filing Date:

    01/20/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Real Property

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MELVIN D. SANDVIG

 

Party Details

Plaintiff

RIVERA ALMA D

Defendants

NANIA BARBARA

THE BERMAN LAW GROUP A PROFESSIONAL CORPORATION

BERMAN BRETT A

ROSENFELD ANDREW M DBA LAW OFFICE OF ANDREW M. ROSENFELD

Attorney/Law Firm Details

Plaintiff Attorney

NICHOLSON JOHN

Defendant Attorney

ALLISON JASON JAMES

 

Court Documents

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [NOTICE & ORDER RE MANDATORY SETTLEMENT CONFERENCE FOR DEPT. F47 DURING COVID-19 PANDEMIC]

3/4/2022: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [NOTICE & ORDER RE MANDATORY SETTLEMENT CONFERENCE FOR DEPT. F47 DURING COVID-19 PANDEMIC]

Notice - NOTICE & ORDER RE MANDATORY SETTLEMENT CONFERENCE FOR DEPT. F47 DURING COVID-19 PANDEMIC

3/4/2022: Notice - NOTICE & ORDER RE MANDATORY SETTLEMENT CONFERENCE FOR DEPT. F47 DURING COVID-19 PANDEMIC

Case Management Statement

1/20/2022: Case Management Statement

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

1/21/2022: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

Case Management Statement

1/7/2022: Case Management Statement

Motion to Strike (not anti-SLAPP) - without Demurrer

9/27/2021: Motion to Strike (not anti-SLAPP) - without Demurrer

Request for Judicial Notice

9/27/2021: Request for Judicial Notice

Notice - PLAINTIFF, ALMA D. RIVERAS NOTICE OF DEFENDANTS NON-OPPOSITION TO PLAINTIFFS MOTION TO STRIKE THE ANSWERS OF DEFENDANTS BRETT A. BERMAN AND THE BERMAN LAW GROUP, A PROFESSIONAL CORPORATION, A

11/2/2021: Notice - PLAINTIFF, ALMA D. RIVERAS NOTICE OF DEFENDANTS NON-OPPOSITION TO PLAINTIFFS MOTION TO STRIKE THE ANSWERS OF DEFENDANTS BRETT A. BERMAN AND THE BERMAN LAW GROUP, A PROFESSIONAL CORPORATION, A

Minute Order - MINUTE ORDER (HEARING ON MOTION TO STRIKE (NOT ANTI-SLAPP) - WITHOUT DEMURRER)

11/9/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION TO STRIKE (NOT ANTI-SLAPP) - WITHOUT DEMURRER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION TO STRIKE (NOT ANTI-SLAPP) - WITHOUT DEMURRER) OF 11/09/2021

11/9/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION TO STRIKE (NOT ANTI-SLAPP) - WITHOUT DEMURRER) OF 11/09/2021

Answer

9/14/2021: Answer

Opposition - OPPOSITION TO DEFENDANT'S EX PARTE APPLICATION

8/31/2021: Opposition - OPPOSITION TO DEFENDANT'S EX PARTE APPLICATION

Proof of Service by Substituted Service

8/31/2021: Proof of Service by Substituted Service

Declaration - DECLARATION OF JOHN NICHOLSON RE TIMELY EMAIL SERVICE ON COUNSEL FOR DEFENDANTS; NOTICE OF NON-RECEIPT OF REPLY BRIEF

8/31/2021: Declaration - DECLARATION OF JOHN NICHOLSON RE TIMELY EMAIL SERVICE ON COUNSEL FOR DEFENDANTS; NOTICE OF NON-RECEIPT OF REPLY BRIEF

Request for Entry of Default / Judgment

8/31/2021: Request for Entry of Default / Judgment

Request for Entry of Default / Judgment

8/31/2021: Request for Entry of Default / Judgment

Proof of Service by Substituted Service

8/31/2021: Proof of Service by Substituted Service

Notice of Rejection Default/Clerk's Judgment

9/1/2021: Notice of Rejection Default/Clerk's Judgment

28 More Documents Available

 

Docket Entries

  • 08/29/2022
  • Hearing08/29/2022 at 08:30 AM in Department F47 at 9425 Penfield Ave., Chatsworth, CA 91311; Non-Jury Trial

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  • 08/19/2022
  • Hearing08/19/2022 at 08:30 AM in Department F47 at 9425 Penfield Ave., Chatsworth, CA 91311; Final Status Conference

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  • 06/28/2022
  • Hearing06/28/2022 at 10:00 AM in Department F47 at 9425 Penfield Ave., Chatsworth, CA 91311; Mandatory Settlement Conference (MSC)

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  • 03/04/2022
  • DocketNOTICE & ORDER RE MANDATORY SETTLEMENT CONFERENCE FOR DEPT. F47 DURING COVID-19 PANDEMIC; Filed by Clerk

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  • 03/04/2022
  • DocketCertificate of Mailing for ([NOTICE & ORDER RE MANDATORY SETTLEMENT CONFERENCE FOR DEPT. F47 DURING COVID-19 PANDEMIC]); Filed by Clerk

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  • 01/21/2022
  • Docketat 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Case Management Conference - Held

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  • 01/21/2022
  • DocketMinute Order ( (CASE MANAGEMENT CONFERENCE)); Filed by Clerk

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  • 01/20/2022
  • DocketCase Management Statement; Filed by Barbara Nania (Defendant); Brett A Berman (Defendant); The Berman Law Group, a Professional Corporation (Defendant)

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  • 01/07/2022
  • DocketCase Management Statement; Filed by Alma D Rivera (Plaintiff)

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  • 11/09/2021
  • Docketat 08:30 AM in Department F47, Melvin D. Sandvig, Presiding; Hearing on Motion to Strike (not anti-SLAPP) - without Demurrer - Held

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27 More Docket Entries
  • 03/16/2021
  • DocketCase BC545476 is Lead Case; No action required by this court.; Filed by Alma D Rivera (Plaintiff)

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  • 02/25/2021
  • DocketSpecial Motion to Strike under CCP Section 425.16 (Anti-SLAPP motion); Filed by Barbara Nania (Defendant); Brett A Berman (Defendant); The Berman Law Group, a Professional Corporation (Defendant)

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  • 02/17/2021
  • DocketProof of Personal Service; Filed by Alma D Rivera (Plaintiff)

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  • 02/17/2021
  • DocketProof of Personal Service; Filed by Alma D Rivera (Plaintiff)

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  • 01/21/2021
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 01/20/2021
  • DocketCivil Case Cover Sheet; Filed by Alma D Rivera (Plaintiff)

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  • 01/20/2021
  • DocketSummons (on Complaint); Filed by Alma D Rivera (Plaintiff)

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  • 01/20/2021
  • DocketComplaint; Filed by Alma D Rivera (Plaintiff)

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  • 01/20/2021
  • DocketCivil Case Cover Sheet; Filed by Alma D Rivera (Plaintiff)

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  • 01/20/2021
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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Tentative Rulings

Case Number: *******0042 Hearing Date: November 9, 2021 Dept: F47

Dept. F-47

Date: 11/9/21

Case #*******0042

MOTION TO STRIKE

Motion filed on 9/27/21.

MOVING PARTY: Plaintiff Alma D. Rivera

RESPONDING PARTY: Defendants Barbara Nania, Brett A. Berman and The Berman Law Group, APC

NOTICE: ok

RELIEF REQUESTED: An order striking the Answers of Defendants Brett A. Berman and The Berman Law Group, APC and striking portions of the Answer filed by Defendant Barbara Nania.

RULING: The motion is denied.

Plaintiff Alma D. Rivera’s Request for Judicial Notice (RJN) is granted.

On 2/25/21, Defendants Barbara Nania, Brett A. Berman and The Berman Law Group, APC filed a Special Motion to Strike which was originally scheduled for hearing on 7/22/21. Due to issues with the opposition and service thereof, the hearing was continued to 9/1/21. (See 7/22/21 Minute Order; RJN, Ex.1). Because only one first appearance fee was filed on behalf of the three defendants, on 7/22/21, a Clerk’s Notice of Full Payment of Fees Required was issued indicating that Brett A. Berman and The Berman Law Group had to pay $870.00 in fees by 8/18/21. (RJN, Ex.2). Although the fees were not paid, on 9/1/21, the Court heard and denied Defendants’ Special Motion to Strike and noted that Defendants’ counsel represented he was aware of the outstanding appearance fees and indicated that they would be paid. (See 9/1/21 Minute Order, RJN, Ex.3). On 9/14/21, Defendants filed their answer to the complaint.

On 9/27/21, Plaintiff filed the instant motion seeking an order striking the Answers of Defendants Brett A. Berman and The Berman Law Group, APC and striking portions of the Answer filed by Defendant Barbara Nania. On 11/3/21, first appearance fees were paid on behalf of Brett A. Berman and The Berman Law Group, APC.

Relying on CCP 411.21, Plaintiff seeks to strike the answer as to Brett A. Berman and The Berman Law Group, APC, on the ground that they failed to pay their first appearance fees. See CCP 411.21(b), (f). The Court finds Plaintiff’s arguments that: (1) Brett A. Berman and The Berman Law Group’s failure to comply with the Clerk’s Notice to make payment by 8/18/21 subjects these defendants to penalties (i.e., voiding/striking their answer) pursuant to CCP 411.21(b) and (2) these Defendants’ answer is void because payment was not made prior to the 9/1/21 hearing on the Special Motion to Strike are improper requests for reconsideration of this Court’s determination to proceed with the 9/1/21 hearing, despite these Defendants’ first appearance fees not yet being paid.

As noted above, Brett A. Berman ad The Berman Law Group, APC paid their first appearance fees on 11/3/21. As such, Plaintiff’s request to strike these defendants’ answer and enter their default is denied.

As to Defendant Barbara Nania, Plaintiff seeks to strike the two affirmative defenses asserted in the answer claiming they are not new matter or not relevant to the complaint. The request is denied. With regard to the first affirmative defense, Plaintiff has failed to establish that there is no other authority which might provide that maintaining a lis pendens is privileged and cannot be the basis for an action for slander of title. With regard to the second affirmative defense, the Court finds that the assertion of the statute of limitations as an affirmative defense, despite the fact that the issue was raised in the complaint, does not warrant the striking of same.


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