This case was last updated from Los Angeles County Superior Courts on 10/02/2021 at 01:44:33 (UTC).

CHRISTOPHER E RIVERA VS ED KILL ET AL

Case Summary

On 02/16/2018 CHRISTOPHER E RIVERA filed a Contract - Other Contract lawsuit against ED KILL. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are DEIRDRE HILL and STUART M. RICE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4347

  • Filing Date:

    02/16/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

DEIRDRE HILL

STUART M. RICE

 

Party Details

Plaintiffs and Petitioners

RIVERA CHRISTOPHER E.

RIVERA CHRISTOPHER

Defendants and Respondents

RAMIREZ STEPHANIE

KILL DONNA

PETERSON TODD ALLEN

KILL JESSICA ALBERTA

DALY JEFF S.

DOES 1 - 50

LINDER & ASSOCIATES REAL ESTATE SERVICES

KILL ED

CZEMIN MICHELLE

POPULAR PRESS MEDIA GROUP

CZEMIN VON CHUDENITZ MORZIN DOE 2 MICHELLE

ESTATE OF ED KILL DOE 1

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

PETALE ALEXANDER JOHN ESQ.

PETALE ALEXANDER J. ESQ.

Defendant and Respondent Attorneys

BARTON NICHOLAS ESQ.

BOHM JAMES GLENN ESQ.

SHEIK SHAHROKH

BOHM JAMES G. ESQ.

NOWICKI DALE G.

HOLCOMB JOHN L. JR

NOWICKI DALE G

HOLCOMB JOHN LEWIS JR

 

Court Documents

Application for Publication

10/19/2020: Application for Publication

Application for Publication

10/19/2020: Application for Publication

Substitution of Attorney

2/7/2019: Substitution of Attorney

Minute Order - Minute Order (Hearing on Motion to Compel Further Discovery Responses; Hear...)

2/4/2019: Minute Order - Minute Order (Hearing on Motion to Compel Further Discovery Responses; Hear...)

Minute Order - Minute Order (Order to Show Cause Re: regarding sanctions against plaintiff...)

12/11/2018: Minute Order - Minute Order (Order to Show Cause Re: regarding sanctions against plaintiff...)

Proof of Personal Service - Proof of Service of Defendant Jeff Daly's Motion for Judgment on the Pleadings based upon the Court's Order and Declaration of Dale Nowicki

11/16/2018: Proof of Personal Service - Proof of Service of Defendant Jeff Daly's Motion for Judgment on the Pleadings based upon the Court's Order and Declaration of Dale Nowicki

Case Management Statement

11/26/2018: Case Management Statement

Proof of Personal Service

11/27/2018: Proof of Personal Service

Proof of Service by Mail

12/3/2018: Proof of Service by Mail

Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike; Hearing on Mo...)

10/24/2018: Minute Order - Minute Order (Hearing on Demurrer - without Motion to Strike; Hearing on Mo...)

NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO REOUEST FOR PRODUCTION OF DOCUMENTS SET ONES FROM DEFENDANT JEFF S. DALY; ETC.

9/26/2018: NOTICE OF MOTION AND MOTION TO COMPEL FURTHER RESPONSES TO REOUEST FOR PRODUCTION OF DOCUMENTS SET ONES FROM DEFENDANT JEFF S. DALY; ETC.

DEFENDANT JEFF DALY?S ANSWER TO PLAINTIFF CHRISTOPHER RIVERA?S COMPLAINT. (ORIGINAL ANSWER SUBMITTED TO COURT ON APRIL 17, 2018)

7/30/2018: DEFENDANT JEFF DALY?S ANSWER TO PLAINTIFF CHRISTOPHER RIVERA?S COMPLAINT. (ORIGINAL ANSWER SUBMITTED TO COURT ON APRIL 17, 2018)

Proof of Service Personal Service -

8/10/2018: Proof of Service Personal Service -

PROOF OF ELECTRONIC SERVICE

8/10/2018: PROOF OF ELECTRONIC SERVICE

DEFENDANT STEPHANIE REQUEST FOR JUDICIAL NOTICE RAMIREZ'S

6/15/2018: DEFENDANT STEPHANIE REQUEST FOR JUDICIAL NOTICE RAMIREZ'S

PROOF OF SERVICE BY MAIL

5/30/2018: PROOF OF SERVICE BY MAIL

DEFENDANT TODD A. PETERSON'S RESPONSES TO PLAINTIFF'S REQUEST FOR ADMISSIONS, SET 1

4/11/2018: DEFENDANT TODD A. PETERSON'S RESPONSES TO PLAINTIFF'S REQUEST FOR ADMISSIONS, SET 1

ANSWER-CONTRACT -

3/19/2018: ANSWER-CONTRACT -

115 More Documents Available

 

Docket Entries

  • 04/20/2022
  • Hearing04/20/2022 at 10:00 AM in Department 49 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 04/13/2022
  • Hearing04/13/2022 at 10:00 AM in Department 49 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 11/05/2021
  • Hearing11/05/2021 at 2:00 PM in Department 49 at 111 North Hill Street, Los Angeles, CA 90012; Mandatory Settlement Conference (MSC)

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  • 09/30/2021
  • Docketat 08:31 AM in Department 49, Stuart M. Rice, Presiding; Hearing on Motion to Dismiss (Causes of Action 1-14;) - Not Held - Rescheduled by Court

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  • 09/30/2021
  • Docketat 08:30 AM in Department 49, Stuart M. Rice, Presiding; Further Status Conference - Held

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  • 09/30/2021
  • Docketat 08:30 AM in Department 49, Stuart M. Rice, Presiding; Case Management Conference - Held

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  • 09/30/2021
  • Docketat 08:30 AM in Department 49, Stuart M. Rice, Presiding; Hearing on Motion to Dismiss (Causes of Action 1-14;) - Held - Motion Denied

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  • 09/30/2021
  • DocketOrder Appointing Court Approved Reporter as Official Reporter Pro Tempore

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  • 09/30/2021
  • DocketMinute Order ( (Hearing on Motion to Dismiss Causes of Action 1-14;; Further ...)); Filed by Clerk

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  • 09/30/2021
  • DocketCertificate of Mailing for ((Hearing on Motion to Dismiss Causes of Action 1-14;; Further ...) of 09/30/2021); Filed by Clerk

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224 More Docket Entries
  • 02/27/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 02/27/2018
  • DocketOSC-RE Other (Miscellaneous); Filed by Clerk

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  • 02/16/2018
  • DocketCOMPLAINT FOR DAMAGES

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  • 02/16/2018
  • DocketSUMMONS

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  • 02/16/2018
  • DocketORDER ON COURT FEE WAIVER

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  • 02/16/2018
  • DocketRequest-Waive Court Fees

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  • 02/16/2018
  • DocketRequest to Waive Court Fees

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  • 02/16/2018
  • DocketRequest to Waive Court Fees; Filed by Plaintiff/Petitioner

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  • 02/16/2018
  • DocketRequest to Waive Court Fees; Filed by Plaintiff/Petitioner

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  • 02/16/2018
  • DocketComplaint; Filed by Christopher Rivera (Plaintiff); Christopher E. Rivera (Plaintiff)

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Tentative Rulings

b'

Case Number: BC694347 Hearing Date: September 30, 2021 Dept: 49

#9. RIVERA\r\nV. ED KILL: BC694347

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Defendant Jessica Kill’s\r\nmotion to dismiss plaintiff’s first through fourteenth causes of action in\r\nplaintiff’s operative complaint

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Denied. No sanctions either side.

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Defendant’s motion\r\nis defective under California Rules of Court, rule 3.1112. This rule requires that the papers filed in\r\nsupport of a motion must consist of at least (1) a notice of hearing on the\r\nmotion; (2) the motion itself; and (3) a memorandum in support of the\r\nmotion. (Cal. Rules of Court, rule\r\n3.1112(a).) Defendant’s paper is\r\nseemingly comprised of only a motion; there is no notice of hearing, nor is\r\nthere a memorandum in support of her motion.

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Further, Defendant’s motion fails to\r\nstate the grounds upon which she moves for relief. California law requires a\r\nnotice of motion to state in its opening paragraph “the nature of the order\r\nbeing sought and the grounds for issuance of the order.” (Luri v.\r\nGreenwald (2003) 107 Cal. App. 4th 1119, 1125). Generally, the\r\ntrial court may consider only the grounds stated in the notice of motion. (Id.) \r\nHowever, an omission in the notice may be overlooked if the supporting papers\r\nmake clear the grounds for the relief sought. (Id.) The\r\npurpose of these requirements is to cause the moving party to\r\n"sufficiently define the issues for the information and attention of the\r\nadverse party and the court." (Id.)

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It appears that Defendant is attempting\r\nto impose a standard akin to summary judgment and/or a demurrer. Defendant moves the Court to dismiss each\r\ncause of action “for truth and for failure to state a cause of action,”\r\ncontending both that Plaintiff has not alleged ultimate facts to support each\r\nclaim and that Plaintiff has failed to prove facts.

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Defendant does not cite any law\r\npermitting the Court to dismiss these causes of action. The only law in Defendant’s motion is cited\r\nto set forth the elements for intentional and negligent infliction of emotional\r\ndistress. Thus, the Court is not\r\npermitted to overlook the omission because the supporting papers do not make\r\nclear the grounds for the relief sought. \r\nDefendant does not identify any authority that would permit the Court to\r\ndismiss these causes of action in this circumstance. Further, because it appears that Defendant\r\nmay be seeking summary judgment, the Court must also deny this motion for\r\nfailure to comply with Code of Civil Procedure section 437c.

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Because Defendant has not identified the\r\nstatute under which she moves the Court to dismiss these causes of action, the\r\nCourt must deny the motion.

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In opposition, Plaintiff requests\r\nsanctions under Code of Civil Procedure section 128.7, including the cost for\r\nfiling fees. The Court must deny this\r\nrequest for sanctions. A motion for\r\nsanctions under section 128.7 “shall be made separately from other motions or\r\nrequests.” (Cal. Civ. Proc. §\r\n128.7(c)(1).) This request for sanctions\r\nwas not made separately from other motions or requests, and thus must be denied.

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