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This case was last updated from Los Angeles County Superior Courts on 11/03/2019 at 02:32:23 (UTC).

DAVID TUMBALI ET AL VS JONATHAN DE LA PAZ ET AL

Case Summary

On 07/06/2017 DAVID TUMBALI filed a Labor - Other Labor lawsuit against JONATHAN DE LA PAZ. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are ROBERT L. HESS and PATRICIA D. NIETO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7575

  • Filing Date:

    07/06/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

ROBERT L. HESS

PATRICIA D. NIETO

 

Party Details

Plaintiffs and Petitioners

FLORES LOURDES

MANALO ALEX

TUMBALI DAVID

Defendants, Respondents and Not Classified By Court

VIRGINIA HOUSE

PRIME SENIOR RESIDENTIAL LLC

DE LA PAZ JONATHAN

DOES 1 TO 50

PRIME SENIOR RESIDENTIAL LLC DBA VIRGINIA HOUSE

Other

LAW OFFICE OF CALISTUS C. ANYAETO

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

NATIVIDAD CAESAR S. ESQ.

NATIVIDAD CAESAR SANTOS ESQ.

LAW OFFICE OF CALISTUS C. ANYAETO

ANYAETO CALLISTUS C

NATIVIDAD CAESAR S ESQ.

Defendant and Respondent Attorneys

RICHARD N. GREY

GREY RICHARD N.

GREY RICHARD NORMAN

GREY RICHARD N

 

Court Documents

Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

10/24/2019: Minute Order - MINUTE ORDER (FINAL STATUS CONFERENCE)

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: SANCTIONS FOR DEFENDANT'S COUNSEL OF ...)

4/12/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: SANCTIONS FOR DEFENDANT'S COUNSEL OF ...)

Minute Order - MINUTE ORDER (STATUS CONFERENCE RE SETTLEMENT; ORDER TO SHOW CAUSE RE: SANC...)

3/15/2019: Minute Order - MINUTE ORDER (STATUS CONFERENCE RE SETTLEMENT; ORDER TO SHOW CAUSE RE: SANC...)

Minute Order - Minute Order (Non-Appearance Case Review Plaintiff's Report re Settlement)

3/1/2019: Minute Order - Minute Order (Non-Appearance Case Review Plaintiff's Report re Settlement)

Minute Order - Minute Order (Case Management Conference; Order to Show Cause Re: Sanctions...)

12/14/2018: Minute Order - Minute Order (Case Management Conference; Order to Show Cause Re: Sanctions...)

NOTICE OF ASSOCIATION OF COUNSEL

2/2/2018: NOTICE OF ASSOCIATION OF COUNSEL

Substitution of Attorney

12/12/2018: Substitution of Attorney

Case Management Order

12/14/2018: Case Management Order

Certificate of Mailing for - Certificate of Mailing for Minute Order (Case Management Conference) of 11/09/2018

11/9/2018: Certificate of Mailing for - Certificate of Mailing for Minute Order (Case Management Conference) of 11/09/2018

Minute Order - Minute Order (Case Management Conference)

11/9/2018: Minute Order - Minute Order (Case Management Conference)

NOTICE RE: CONTINUANCE OF HEARING

9/25/2018: NOTICE RE: CONTINUANCE OF HEARING

Minute Order -

2/2/2018: Minute Order -

Minute Order -

5/31/2018: Minute Order -

NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

6/21/2018: NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE

CASE MANAGEMENT STATEMENT -

1/16/2018: CASE MANAGEMENT STATEMENT -

CASE MANAGEMENT STATEMENT -

1/26/2018: CASE MANAGEMENT STATEMENT -

NOTICE OF CASE MANAGEMENT CONFERENCE

8/8/2017: NOTICE OF CASE MANAGEMENT CONFERENCE

ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES

9/14/2017: ANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES

13 More Documents Available

 

Docket Entries

  • 11/08/2019
  • Hearing11/08/2019 at 08:30 AM in Department 24 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Sanctions, including dismissal, for Defendants Failure to Appear at the FSC

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  • 11/01/2019
  • Docketat 10:00 AM in Department 24; Non-Jury Trial - Not Held - Advanced and Vacated

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  • 10/24/2019
  • Docketat 09:30 AM in Department 24; Final Status Conference - Held

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  • 10/24/2019
  • DocketMinute Order ( (Final Status Conference)); Filed by Clerk

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  • 05/03/2019
  • Docketat 10:00 AM in Department 24; Jury Trial - Not Held - Advanced and Vacated

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  • 04/19/2019
  • Docketat 09:30 AM in Department 24; Final Status Conference - Not Held - Continued - Stipulation

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  • 04/12/2019
  • Docketat 08:30 AM in Department 24; Order to Show Cause Re: (Sanctions, including dismissal, for Plaintiff's Counsel of Record Failure to Appear at the Status Conference) - Held

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  • 04/12/2019
  • Docketat 08:30 AM in Department 24; Order to Show Cause Re: (Sanctions for Defendant's Counsel of Record Failure to Appear at the Status Conference) - Held

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  • 04/12/2019
  • DocketMinute Order ( (Order to Show Cause Re: Sanctions for Defendant's Counsel of ...)); Filed by Clerk

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  • 04/05/2019
  • Docketat 08:30 AM in Department 24; Status Conference (re FSC and Trial) - Held

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36 More Docket Entries
  • 01/16/2018
  • DocketProof of Service (not Summons and Complaint); Filed by David Tumbali (Plaintiff); Alex Manalo (Plaintiff); Lourdes Flores (Plaintiff)

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  • 01/16/2018
  • DocketPROOF OF SERVICE BY FIRST-CLASS MAIL CIVIL

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  • 01/16/2018
  • DocketCASE MANAGEMENT STATEMENT

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  • 09/14/2017
  • DocketAnswer; Filed by Jonathan De La Paz (Defendant); Prime Senior Residential LLC (Defendant)

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  • 09/14/2017
  • DocketANSWER TO COMPLAINT AND AFFIRMATIVE DEFENSES

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  • 08/08/2017
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 08/08/2017
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 07/06/2017
  • DocketComplaint; Filed by David Tumbali (Plaintiff); Alex Manalo (Plaintiff); Lourdes Flores (Plaintiff)

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  • 07/06/2017
  • DocketCOMPLAINT FOR 1. WILLFUL MISCLASSIFICATION OF EMPLOYEES AS "INDEPEN DENT CONTRACTORS"; ETC

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  • 07/06/2017
  • DocketSUMMONS

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Tentative Rulings

Case Number: BC667575    Hearing Date: November 18, 2020    Dept: 76

TENTATIVE RULING ON REQUEST FOR ENTRY OF DEFAULT JUDGMENTThe Court has reviewed the request for entry of default judgment.  The Court is inclined to deny the request.

CCP § 580(a) provides: “The relief granted to the plaintiff, if there is no answer, cannot exceed that demanded in the complaint. . . .” (Bold emphasis added.) A court acts in excess of its jurisdiction and the resulting default judgment is void if the court awards default judgment in an amount greater than that demanded in the complaint. (Falahati v. Kondo (2005) 127 Cal.App.4th 823, 830-31.)The Complaint did not pray for a specific amount of damages. As such, Plaintiffs cannot recover any principal amount of damages by way of default judgment. To obtain a default judgment, Plaintiffs will need to file and serve a First Amended Complaint which sets forth the amount of damages sought.

The Complaint did not pray for a specific amount of damages. As such, Plaintiffs cannot recover any principal amount of damages by way of default judgment. To obtain judgment by default, Plaintiffs will need to file and serve a First Amended Complaint which sets forth the amount of damages sought.

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