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This case was last updated from Los Angeles County Superior Courts on 10/20/2019 at 21:34:20 (UTC).

CRUS ARGUETA, ET AL. VS INCOME ESTATES, LLC, ET AL.

Case Summary

On 04/11/2019 CRUS ARGUETA filed a Contract - Other Contract lawsuit against INCOME ESTATES, LLC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES C. CHALFANT. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2802

  • Filing Date:

    04/11/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

JAMES C. CHALFANT

 

Party Details

Plaintiffs

GUEVARA GUILLERMINA

VILLARREAL AVIGAIL

ELMORE CLINTON

GONZALEZ TERESA

HERNANDEZ MARIA

JUAREZ HECTOR

CARRANZA ORALIA

HERNANDEZ LILIANA

CRUZ GUILLERMINA

ARGUETA CRUS

HALL ANGELINA

OROZCO ROBERTO

ALFARO ALMA

DE LOS ANGELES MARIA

MALDONADO JESUS

SANCHEZ JORGE

MOTA SONIA

REZENDEZ AMY

Defendants

THE MONARCH FAMILY LIMITED PARTNERSHIP DBA JOSHUA VIEW MOBILE HOME PARK

INCOME ESTATES LLC DBA JOSHUA VIEW MOBILE HOME PARK

39 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

LOMBARDO CATHERINE

LOMBARDO CATHERINE R.

 

Court Documents

Ex Parte Application - EX PARTE APPLICATION FOR TERMORARY RESTRANING ORDER AND OSC WHY A PRELIMINARY INJUNCTION SHOULD NOT BE ISSUED

7/31/2019: Ex Parte Application - EX PARTE APPLICATION FOR TERMORARY RESTRANING ORDER AND OSC WHY A PRELIMINARY INJUNCTION SHOULD NOT BE ISSUED

Case Management Statement

7/31/2019: Case Management Statement

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORD...)

7/31/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORD...)

Request for Judicial Notice

7/31/2019: Request for Judicial Notice

Opposition - OPPOSITION DEFENDANTS' OPPOSITION TO PLAINTIFFS' EX PARTE. APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY A PRELIMINARY MANDATORY INJUNCTION SHOULD NOT BE ISSUED;

7/31/2019: Opposition - OPPOSITION DEFENDANTS' OPPOSITION TO PLAINTIFFS' EX PARTE. APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY A PRELIMINARY MANDATORY INJUNCTION SHOULD NOT BE ISSUED;

Case Management Statement

7/31/2019: Case Management Statement

Minute Order - MINUTE ORDER (EX PARTE APPLICATION OF PLAINTIFFS FOR TEMPORARY RESTRAINING ...)

8/12/2019: Minute Order - MINUTE ORDER (EX PARTE APPLICATION OF PLAINTIFFS FOR TEMPORARY RESTRAINING ...)

Ex Parte Application - EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND OSC RE PRELIMINARY INJUNCTION

8/12/2019: Ex Parte Application - EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND OSC RE PRELIMINARY INJUNCTION

Ex Parte Application - EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY A PRELIMINARY MANDATORY INJUNCTION SHOULD NOT BE ISSUED

8/12/2019: Ex Parte Application - EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY A PRELIMINARY MANDATORY INJUNCTION SHOULD NOT BE ISSUED

Request for Judicial Notice

8/13/2019: Request for Judicial Notice

Opposition - OPPOSITION DEFENDANTS' OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY A PRELIMINARY MANDATORY INJUNCTION SHOULD NOT BE ISSUED;

8/13/2019: Opposition - OPPOSITION DEFENDANTS' OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY A PRELIMINARY MANDATORY INJUNCTION SHOULD NOT BE ISSUED;

Minute Order - MINUTE ORDER (EX PARTE APPLICATION OF PLAINTIFF, CARLOS ARGUETA, FOR TEMPOR...)

8/13/2019: Minute Order - MINUTE ORDER (EX PARTE APPLICATION OF PLAINTIFF, CARLOS ARGUETA, FOR TEMPOR...)

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

8/15/2019: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

Notice of Case Management Conference

4/30/2019: Notice of Case Management Conference

Summons - SUMMONS ON COMPLAINT

4/11/2019: Summons - SUMMONS ON COMPLAINT

Civil Case Cover Sheet

4/11/2019: Civil Case Cover Sheet

Notice of Case Assignment - Unlimited Civil Case

4/11/2019: Notice of Case Assignment - Unlimited Civil Case

Complaint

4/11/2019: Complaint

6 More Documents Available

 

Docket Entries

  • 05/18/2020
  • Hearing05/18/2020 at 08:30 AM in Department 34 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 04/30/2020
  • Hearing04/30/2020 at 09:00 AM in Department 34 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 08/15/2019
  • Docketat 08:30 AM in Department 34; Case Management Conference - Held

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  • 08/15/2019
  • DocketMinute Order ( (Case Management Conference)); Filed by Clerk

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  • 08/13/2019
  • Docketat 08:30 AM in Department 82; Hearing on Ex Parte Application (for temporary restraining order) - Held

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  • 08/13/2019
  • Docketat 08:30 AM in Department 85, James C. Chalfant, Presiding; Hearing on Ex Parte Application (FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY A PRELIMINARY MANDATORY INJUNCTION SHOULD NOT BE ISSUED) - Not Held - Vacated by Court

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  • 08/13/2019
  • DocketMinute Order ( (EX PARTE APPLICATION OF PLAINTIFF, CARLOS ARGUETA, FOR TEMPOR...)); Filed by Clerk

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  • 08/13/2019
  • DocketRequest for Judicial Notice; Filed by Income Estates, LLC (Defendant); The Monarch Family Limited Partnership (Defendant); The Joshua View MHP Trust dated 7/1/2002 (Defendant) et al.

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  • 08/13/2019
  • DocketOpposition (DEFENDANTS' OPPOSITION TO PLAINTIFFS' EX PARTE APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY A PRELIMINARY MANDATORY INJUNCTION SHOULD NOT BE ISSUED; DECLARATION OF GIOVANNI D'AMORE); Filed by Income Estates, LLC (Defendant); The Monarch Family Limited Partnership (Defendant); The Joshua View MHP Trust dated 7/1/2002 (Defendant) et al.

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  • 08/12/2019
  • Docketat 08:30 AM in Department 82; Hearing on Ex Parte Application (for Temporary Restraining Order and OSC re Preliminary Injunction) - Held

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7 More Docket Entries
  • 07/31/2019
  • DocketCase Management Statement; Filed by Income Estates, LLC (Defendant); The Monarch Family Limited Partnership (Defendant); The Joshua View MHP Trust dated 7/1/2002 (Defendant) et al.

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  • 07/31/2019
  • DocketRequest for Judicial Notice; Filed by Income Estates, LLC (Defendant); The Monarch Family Limited Partnership (Defendant); The Joshua View MHP Trust dated 7/1/2002 (Defendant) et al.

    Read MoreRead Less
  • 07/31/2019
  • DocketOpposition (DEFENDANTS' OPPOSITION TO PLAINTIFFS' EX PARTE. APPLICATION FOR TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE WHY A PRELIMINARY MANDATORY INJUNCTION SHOULD NOT BE ISSUED; DECLARATION OF GIOVANNI D'AMORE); Filed by Income Estates, LLC (Defendant); The Monarch Family Limited Partnership (Defendant); The Joshua View MHP Trust dated 7/1/2002 (Defendant) et al.

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  • 07/31/2019
  • DocketMinute Order ( (Hearing on Ex Parte Application For Temporary Restraining Ord...)); Filed by Clerk

    Read MoreRead Less
  • 07/31/2019
  • DocketEx Parte Application (for Termorary Restraning Order and OSC Why a Preliminary Injunction Should Not Be Issued); Filed by Crus Argueta (Plaintiff); Alexis Argueta (Plaintiff); Maria Fernanda-Zepeda (Plaintiff) et al.

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  • 04/30/2019
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 04/11/2019
  • DocketCivil Case Cover Sheet; Filed by Crus Argueta (Plaintiff); Alexis Argueta (Plaintiff); Maria Fernanda-Zepeda (Plaintiff) et al.

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  • 04/11/2019
  • DocketSummons (on Complaint); Filed by Crus Argueta (Plaintiff); Alexis Argueta (Plaintiff); Maria Fernanda-Zepeda (Plaintiff) et al.

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  • 04/11/2019
  • DocketComplaint; Filed by Crus Argueta (Plaintiff); Alexis Argueta (Plaintiff); Maria Fernanda-Zepeda (Plaintiff) et al.

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  • 04/11/2019
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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Tentative Rulings

Case Number: 19STCV12802    Hearing Date: February 18, 2020    Dept: 34

SUBJECT: (7) Motions to Be Relieved as Counsel

Moving Party: Kendall K. O’Connell, Lombardo Law Firm, counsel for Plaintiffs

Resp. Party: None

The motions to be relieved as counsel for Plaintiffs Jesus Mota, Sonia Mota, Adolfo Garcia, Guillermina Cruz, Juliana Mota, Jorge Penalosa, and Manuela Flores are GRANTED.

BACKGROUND:

On April 11, 2019, Plaintiffs Cruz Argueta, Alexis Argueta, Maria Ffernanda-Zepeda, Leticia Jiminez, Jorge Sanchez, Cecilia Juarez, Angelina Hall, Maria-Angelica Cruz, Maria De Los Angeles, Sylvia Sanchez, Roberto Orozco, Clinton Elmore, Teresa Gonzalez, Graham Mackie, Rosibel Hildago, Jesse Botello, Leonor Pelayo, Rosario Perales, Alma Alfaro, Ignacio Gonzalez, Liliana Hernandez, Clara Figeroa, Anayeli Urias, Keila Perez, Mayrali Maldonado, Jesus Mota, Jesus Maldonado, Cynthia Iglesias, Adolfo Garcia, Guillermina Cruz, Blanca Rios, Maria Hernandez, Rocio Gonzalez, Blanca Valenzuela, Anabel Lopez, Sandra Ruiz, Jose Luis Velazquez, Manuela Flores, Jorge Penalosa, Guadalupe Graciano, Sandra Mendez, Hector Juarez, Martha Alfaro, Abel Rodriguez, Elsa Hernandez, Bartolo Sanchez-Cruz, Oralia Carranza, Amy Rezendez, Avigail Villarreal, Juliana Mota, Hermina Garcia, and Liliana Larios commenced this action against Defendants Income Estates, LLC, The Monarch Family Limited Partnership, The Joshua View MHP Trust Dated 7/1/2002, Joshuaview Corporation converted from Joshuaview LLC, Giovanni D’Amore, all doing business as Joshua View Mobile Home Park.

Plaintiffs bring this action for (1) breach of the implied warranty of habitability; (2) breach of covenant and right to quiet enjoyment; (3) nuisance; (4) negligence; (5) violations of Mobile Home Residency Law; (6) unfair business practices; (7) intentional infliction of emotional distress; (8) intentional misrepresentation; (9) intentional misrepresentation; and (10) imposition of constructive trust.

On January 17, 2020, Kendall K. O’Connell, Lombardo Law Firm, counsel for Plaintiffs Jesus Mota, Sonia Mota, Adolfo Garcia, Guillermina Cruz, Juliana Mota, Jorge Penalosa, and Manuela Flores, filed the instant seven motions to be relieved as counsel.

ANALYSIS:

An attorney moving to be relieved as counsel under California Code of Civil Procedure section 284(2) must meet the requirements set out in California Rules of Court, rule 3.1362. To comply with rule 3.1362, the moving party must submit the following forms: (1) Notice of Motion and Motion to be Relieved as Counsel; (2) Declaration in Support of Attorney's Motion to be Relieved as Counsel; and (3) Order Granting Attorney's Motion to be Relieved as Counsel. (Cal. Rules of Court, rule 3.1362(a), (c), (e).) The moving party must serve the aforementioned forms on the client and all other parties who have appeared in the case. (Cal. Rules of Court, rule 3.1362(d).) Further, when the client is served by mail, the attorney's declaration must show that the client's address was confirmed within the last 30 days and how it was confirmed. (Id.) Absent a showing of resulting prejudice, an attorney’s request for withdrawal should be granted. (People v. Prince (1968) 268 Cal.App.2d 398, 406.)

Counsel’s Motions comply with all of the requirements of California Rules of Court, Rule 3.1362, in that Counsel provided notices of motions and motions to be relieved as counsel; orders granting attorney’s motions to be relieved as counsel; and declarations in support of the motions to be relieved as counsel. Additionally, the declarations state that Counsel’s clients have been served by mail and Counsel confirmed by telephone within the last 30 days that the addresses are current. (See Declarations, No. 3(a) and (b).) Counsel also filed proofs of service that demonstrating she served all other parties who have appeared in the case. These motions have also not been opposed by any party to the case.

Accordingly, the motions to be relieved as counsel are GRANTED.

Counsel is to ensure that its (now-former) clients understand that the trial is scheduled for May 18, 2020, and will proceed whether or not these seven plaintiffs have obtained new counsel.

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