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This case was last updated from Los Angeles County Superior Courts on 02/08/2021 at 15:07:38 (UTC).

DANNA RUSCHA VS RJC BUILDERS, INC.

Case Summary

On 01/29/2020 DANNA RUSCHA filed a Personal Injury - Other Personal Injury lawsuit against RJC BUILDERS, INC. 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:

    *******3643

  • Filing Date:

    01/29/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff and Cross Defendant

RUSCHA DANNA

Defendant and Cross Plaintiff

RJC BUILDERS INC. A CALIFORNIA CORPORATION

Attorney/Law Firm Details

Plaintiff and Cross Defendant Attorney

GRIMM J. MICHAEL

Defendant and Cross Plaintiff Attorney

LE KAYLA P.

 

Court Documents

Answer

10/9/2020: Answer

Notice of Ruling

10/9/2020: Notice of Ruling

Case Management Statement

9/15/2020: Case Management Statement

Opposition - OPPOSITION CROSS-COMPLAINANT RJC BUILDERS, INC.'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO PLAINTIFF DANNA RUSCHA'S DEMURRER TO FIRST AMENDED CROSS-COMPLAINT

9/16/2020: Opposition - OPPOSITION CROSS-COMPLAINANT RJC BUILDERS, INC.'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO PLAINTIFF DANNA RUSCHA'S DEMURRER TO FIRST AMENDED CROSS-COMPLAINT

Opposition - OPPOSITION CROSS-COMPLAINANT RJC BUILDERS MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF OPPOSITION TO PLAINTIFF DANNA RUSCHA'S MOTION TO STRIKE FIRST AMENDED CROSS-COMPLAINT

9/16/2020: Opposition - OPPOSITION CROSS-COMPLAINANT RJC BUILDERS MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF OPPOSITION TO PLAINTIFF DANNA RUSCHA'S MOTION TO STRIKE FIRST AMENDED CROSS-COMPLAINT

Reply - REPLY DEMURRER TO RJC'S CROSS-COMPLAINT

9/22/2020: Reply - REPLY DEMURRER TO RJC'S CROSS-COMPLAINT

Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITH MOTION TO STRIKE (CCP 430.10); CAS...)

9/29/2020: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITH MOTION TO STRIKE (CCP 430.10); CAS...)

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW)

7/24/2020: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW)

Notice of Posting of Jury Fees

7/13/2020: Notice of Posting of Jury Fees

Demurrer - with Motion to Strike (CCP 430.10) - DEMURRER - WITH MOTION TO STRIKE (CCP 430.10) TO CROSS-COMPLAINT

6/5/2020: Demurrer - with Motion to Strike (CCP 430.10) - DEMURRER - WITH MOTION TO STRIKE (CCP 430.10) TO CROSS-COMPLAINT

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE: SETTING OF THE DEMURRER - WITH...)

6/10/2020: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW RE: SETTING OF THE DEMURRER - WITH...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW RE: SETTING OF THE DEMURRER - WITH...) OF 06/10/2020

6/10/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW RE: SETTING OF THE DEMURRER - WITH...) OF 06/10/2020

Amended Complaint - AMENDED CROSS-COMPLAINT OF RJC BUILDERS, INC.

5/13/2020: Amended Complaint - AMENDED CROSS-COMPLAINT OF RJC BUILDERS, INC.

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW)

4/17/2020: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW)

Notice - NOTICE OF CASE MANAGEMENT CONFERENCE

3/17/2020: Notice - NOTICE OF CASE MANAGEMENT CONFERENCE

Summons - SUMMONS CROSS-COMPLAINT

4/1/2020: Summons - SUMMONS CROSS-COMPLAINT

Demand for Jury Trial

4/1/2020: Demand for Jury Trial

Summons - SUMMONS ON COMPLAINT

1/29/2020: Summons - SUMMONS ON COMPLAINT

19 More Documents Available

 

Docket Entries

  • 04/12/2022
  • Hearing04/12/2022 at 09:30 AM in Department 40 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 03/24/2022
  • Hearing03/24/2022 at 08:30 AM in Department 40 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 01/13/2022
  • Hearing01/13/2022 at 08:30 AM in Department 40 at 111 North Hill Street, Los Angeles, CA 90012; Status Conference

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  • 10/09/2020
  • DocketNotice of Ruling; Filed by RJC Builders, Inc., a California corporation (Defendant)

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  • 10/09/2020
  • DocketAnswer; Filed by Danna Ruscha (Cross-Defendant)

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  • 09/29/2020
  • Docketat 10:00 AM in Department 40; Hearing on Demurrer - with Motion to Strike (CCP 430.10) - Held

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  • 09/29/2020
  • Docketat 10:00 AM in Department 40; Case Management Conference - Held

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  • 09/29/2020
  • DocketMinute Order ( (Hearing on Demurrer - with Motion to Strike (CCP 430.10); Cas...)); Filed by Clerk

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  • 09/22/2020
  • DocketReply (Demurrer to RJC's Cross-Complaint); Filed by Danna Ruscha (Cross-Defendant)

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  • 09/22/2020
  • DocketReply (Motion to Strike RJC's Cross-Complaint); Filed by Danna Ruscha (Cross-Defendant)

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21 More Docket Entries
  • 04/01/2020
  • DocketAnswer; Filed by RJC Builders, Inc., a California corporation (Defendant)

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  • 04/01/2020
  • DocketCross-Complaint; Filed by RJC Builders, Inc., a California corporation (Defendant)

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  • 04/01/2020
  • DocketDemand for Jury Trial; Filed by RJC Builders, Inc., a California corporation (Defendant)

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  • 03/17/2020
  • DocketNotice ( of Case Management Conference); Filed by Danna Ruscha (Plaintiff)

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  • 02/07/2020
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 02/05/2020
  • DocketProof of Service by Substituted Service; Filed by Danna Ruscha (Plaintiff)

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  • 01/29/2020
  • DocketComplaint; Filed by Danna Ruscha (Plaintiff)

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  • 01/29/2020
  • DocketSummons (on Complaint); Filed by Danna Ruscha (Plaintiff)

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  • 01/29/2020
  • DocketCivil Case Cover Sheet; Filed by Danna Ruscha (Plaintiff)

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  • 01/29/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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Tentative Rulings

Case Number: 20STCV03643    Hearing Date: September 29, 2020    Dept: 40

MOVING PARTY: Plaintiff/Cross-Defendant Danna Ruscha

OPPOSITION: Defendant/Cross-Complainants RJC Builder, Inc.

Plaintiff/Cross-Defendant Danna Ruscha, filed a complaint against Defendant/Cross-Complainants RJC Builder, Inc., (“Defendant”). Plaintiff hired Defendant to perform a limited remodel of their property and alleges that in doing so defendant damaged the property. Ruscha demurrers to the First and Fifth causes of action in Defendant’s cross-complaint.

First Cause of Action, Unjust Enrichment: OVERRULED

Plaintiff argues that this claim is not a cause of action and that Defendant cannot recover for unjust enrichment because that would violate Business and Professions Code section 7159, which requires a written contract for home improvement projects.

There is a split in authority as to whether unjust enrichment is a cause of action, as such trial courts have discretion to choose between the decisions. Auto Equity Sales, Inc. v. Superior Court (1962) 57 Cal.2d 450, 456. This Court exercises its discretion to allow the unjust enrichment of action to stand. As to section 7159, the sophistication of the parties is a factor considered by the court when determining the applicability of the section. (See Asdourian v. Araj (1985) 38 Cal.3d 276; Hinerfeld-Ward, Inc. v. Lipian (2010) 188 Cal.App.4th 86.) Here, at the demurrer stage of the proceedings this Court cannot determine the relative levels of sophistication of the parties.

Fifth Cause of Action, Declaratory Relief: OVERRULED, as it is derivative of the First COA

Motion to Strike: DENIED

Ruscha moves to strike Cross-Defendant’s cause of action for unjust enrichment, in its entirety (Paragraphs 26, 27, 28, and 29), reiterating the argument about section 7159.

Conclusion: Plaintiff’s Demurrer is OVERRULED and Motion to Strike is DENIED.

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