This case was last updated from Los Angeles County Superior Courts on 06/16/2019 at 15:23:19 (UTC).

CHRISTOPHER ZANGARA-PAYER VS DAVID PAYER ET AL

Case Summary

On 11/22/2017 CHRISTOPHER ZANGARA-PAYER filed an Other lawsuit against DAVID PAYER. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are BARBARA M. SCHEPER, YOLANDA OROZCO and ELAINE LU. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****4506

  • Filing Date:

    11/22/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

BARBARA M. SCHEPER

YOLANDA OROZCO

ELAINE LU

 

Party Details

Plaintiffs, Petitioners and Cross Defendants

ZANGARA-PAYER CHRISTOPHER

PAYER FAMILY

Defendants, Respondents and Cross Plaintiffs

PAYER DAVID

DOES 1 TO 10

PAYER FAMILY

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

GODWIN THOMAS H. ESQ.

GODWIN THOMAS HAMILTON ESQ.

MCDOUGALL HAROLD AUGUSTUS IV

Cross Plaintiff Attorneys

ROSEMBLAT RAPHAEL A.

KENNEDY J. GRANT

 

Court Documents

CROSS COMPLAINT OF CROSS COMPLAINANT DAVID PAYER FOR: (1) FORGERY; ETC.

2/2/2018: CROSS COMPLAINT OF CROSS COMPLAINANT DAVID PAYER FOR: (1) FORGERY; ETC.

Notice of Case Reassignment and Order for Plaintiff to Give Notice

12/7/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Notice of Motion

5/22/2019: Notice of Motion

Declaration

5/22/2019: Declaration

Order

5/24/2019: Order

Minute Order

5/24/2019: Minute Order

Minute Order

5/28/2019: Minute Order

Opposition

6/4/2019: Opposition

Ex Parte Application

6/6/2019: Ex Parte Application

Opposition

6/6/2019: Opposition

Demurrer

6/10/2019: Demurrer

Proof of Service (not Summons and Complaint)

6/11/2019: Proof of Service (not Summons and Complaint)

Motion for Sanctions

6/11/2019: Motion for Sanctions

Ex Parte Application

6/12/2019: Ex Parte Application

Minute Order

6/13/2019: Minute Order

Minute Order

6/13/2019: Minute Order

NOTICE OF CASE MANAGEMENT CONFERENCE & OSC RE PROOF OF SERVICE

12/6/2017: NOTICE OF CASE MANAGEMENT CONFERENCE & OSC RE PROOF OF SERVICE

SUMMONS

11/22/2017: SUMMONS

62 More Documents Available

 

Docket Entries

  • 06/13/2019
  • at 11:30 AM in Department 31, Yolanda Orozco, Presiding; Nunc Pro Tunc Order

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  • 06/13/2019
  • at 09:00 AM in Department 30, Barbara M. Scheper, Presiding; Ex-Parte Proceedings

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  • 06/13/2019
  • at 08:30 AM in Department 26, Elaine Lu, Presiding; Hearing on Ex Parte Application (for Order to Compel Deposition) - Not Held - Taken Off Calendar by Court

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  • 06/13/2019
  • Certificate of Mailing for (Minute Order (Nunc Pro Tunc Order) of 06/13/2019); Filed by Clerk

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  • 06/13/2019
  • Minute Order ( (Ex-Parte Proceedings)); Filed by Clerk

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  • 06/13/2019
  • Minute Order ( (Nunc Pro Tunc Order)); Filed by Clerk

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  • 06/13/2019
  • Minute Order ( (Hearing on Plaintiff Christopher Zangara-Payer's Ex Parte App...)); Filed by Clerk

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  • 06/12/2019
  • Response ( to Ex Parte Application for Order; Memorandum of Points and Authorities; Declaration of J. Grant Kennedy); Filed by DAVID PAYER (Defendant)

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  • 06/12/2019
  • Ex Parte Application (for Order to Compel Deposition); Filed by CHRISTOPHER ZANGARA-PAYER (Plaintiff)

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  • 06/11/2019
  • Reply (of Defendant to Opposition of Plaintiff to Defendant Motion to Compel Request for Admissions)

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84 More Docket Entries
  • 02/02/2018
  • ANSWER - CONTRACT

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  • 02/02/2018
  • Cross-Complaint; Filed by DAVID PAYER (Defendant)

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  • 02/02/2018
  • Cross Complaint of Cross Complainant David Payer for: (1) Forgery; (2) Lack of Intent/Mistake; (3) Quiet Title; (4) Constructive Trust; (5) Accounting; (6) Restitution and Offset;; Filed by DAVID PAYER (Cross-Complainant)

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  • 01/02/2018
  • PROOF OF SERVICE SUMMONS

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  • 01/02/2018
  • Proof-Service/Summons; Filed by CHRISTOPHER ZANGARA-PAYER (Plaintiff)

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  • 12/06/2017
  • NOTICE OF CASE MANAGEMENT CONFERENCE & OSC RE PROOF OF SERVICE

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  • 12/06/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 11/22/2017
  • COMPLAINT

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  • 11/22/2017
  • SUMMONS

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  • 11/22/2017
  • Complaint; Filed by CHRISTOPHER ZANGARA-PAYER (Plaintiff)

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Tentative Rulings

Case Number: BC684506    Hearing Date: January 10, 2020    Dept: 26

Background

Defense counsel, Raphael A. Rosemblat (“Counsel”), moves to be relieved as counsel for Defendant David Payer (“Client”). Counsel initially filed a motion to be relieved as counsel on December 2, 2019. On December 4, 2019, Counsel filed an amended motion to be relieved as counsel with a new proof of service.

The MC-052 form states that Counsel served Client via mail at Client’s last known mailing address, which Counsel states he has confirmed as current within 30 days of the motion by telephone.

Counsel states that there has been a break down in the attorney-client relationship such that Counsel can no longer represent Client, specifically, that communications have broken down between Client and Counsel.

The proof of service indicates that Counsel has served the moving papers on opposing counsel (Thomas Godwin) and Client (David Payer). However, Client is currently represented not only by Moving Counsel (Raphael A. Rosemblat) but also by J. Grant Kennedy, who associated in as counsel on May 29, 2019. Since the notice of association of counsel filed on May 29, 2019, Mr. Kennedy has neither filed a substitution of counsel nor moved to be relieved. Therefore, Mr. Kennedy remains counsel of record for David Payer. As such, Moving Counsel (Mr. Rosemblat) should have provided Mr. Kennedy with notice of the instant motion to be relieved.

Counsel is ordered to appear at the hearing and submit either proof of timely service of the moving papers on J. Grant Kennedy or other evidence of timely notice being given to J. Grant Kennedy of the instant motion. Failure to provide such evidence will result in a denial without prejudice of the instant motion to be relieved.

Counsel is also ordered to appear at the hearing and submit a corrected proposed order on form MC-053. The proposed order lodged with the Court has not been properly completed. Counsel must electronically submit a revised proposed before the hearing on this motion and bring a hard copy of the revised proposed to the hearing.

The proposed order must identify all upcoming hearings and list the address of the Court in all items. The Court’s records show the following upcoming hearings, which must all be listed in the revised proposed order:

Case Number: BC684506    Hearing Date: November 27, 2019    Dept: 26

MINUTE ORDER ISSUED 11/21/19:

On July 15, 2019, the Court stayed this action in its entirety pending a petition to reopen probate matter BP09946 (In re: Estate of Robin E. Payer). At the status conference on October 17, 2019, the parties advised that a trial setting conference in the probate matter was set for November 7, 2019. Per Plaintiff’s request, the Court continued the Status Conference re probate matter to January 15, 2020 at 8:30 am. Based on the foregoing, the stay of the entire case is still in effect because the probate matter has not been resolved.

Prior to the stay, the parties filed and reserved several motions on the Court Reservation System (CRS), including a motion for sanctions set to be heard on 11/27/19, a motion to bifurcate reserved for hearing on 12/20/19, and a motion to continue trial set for 1/31/20. None of these motions will be heard until after the probate case has been resolved, and the stay in this case has been lifted. Therefore, the Court directs each moving party to reschedule its motion(s) on CRS to a date after which the parties anticipate a ruling from the Probate Court resolving the Probate Matter. After rescheduling the motion hearing reservation(s) on CRS, each moving party must immediately file and service notice of the new (continued) hearing date(s). If any moving party fails to reschedule its motion(s) on CRS prior to the current motion hearing date reserved on CRS, the Court will take the motion off calendar on the current hearing date, and the moving party will have to make a new CRS reservation and re-file moving papers for each such motion to be heard on a new CRS reservation date after the stay is lifted.

For example, as to Plaintiff’s motion for sanctions currently set for November 27, 2019, Plaintiff should, prior to November 27, 2019, reschedule the motion on CRS to a date after which the parties anticipate a ruling from the Probate Court and file, and Plaintiff should serve notice of the new hearing date. If by 8:30 am on 11/27/19 Plaintiff has failed to reschedule his motion for sanctions on CRS to a date after which the parties anticipate a ruling from the Probate Court, then the Court will take Plaintiff’s motion for sanctions off calendar on 11/27/19, and Plaintiff will have to make a new CRS reservation and re-file moving papers for his motion for sanctions.

The Court notes that one of the parties reserved a motion to continue trial for January 31, 2020, but that motion is moot as the trial date has been vacated. Therefore, the CRS reservation for the motion to continue trial set for January 31, 2020 is hereby cancelled.

The Court Clerk is to give notice to all parties.