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This case was last updated from Los Angeles County Superior Courts on 06/03/2021 at 09:23:50 (UTC).

EDNA BETETA VS LNR PARTNERS, LLC, ET AL.

Case Summary

On 01/18/2019 EDNA BETETA filed a Personal Injury - Other Personal Injury lawsuit against LNR PARTNERS, LLC. This case was filed in Los Angeles County Superior Courts, Chatsworth Courthouse located in Los Angeles, California. The Judges overseeing this case are MARK A. BORENSTEIN, KRISTIN S. ESCALANTE, STEPHEN P. PFAHLER and SERENA R. MURILLO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1820

  • Filing Date:

    01/18/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Chatsworth Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MARK A. BORENSTEIN

KRISTIN S. ESCALANTE

STEPHEN P. PFAHLER

SERENA R. MURILLO

 

Party Details

Plaintiff

BETETA EDNA

Defendants and Cross Defendants

U.S. FIRE PROTECTION INC.

PRIME CONSTRUCTION INC.

LNR PARTNERS LLC

PRIME CONSTRUCTION INC. AKA PRIME CONSTRUCTION SERVICES

WBCMT 2007-C31 NORDHOFF STREET LIMITED PARTNERSHIP DOE 1

G&E REAL ESTATE MANAGEMENT INC. D/B/A NEWMARK GRUBB KNIGHT FRANK

Defendants, Cross Plaintiffs and Cross Defendants

LNR PARTNERS LLC

PRIME CONSTRUCTION INC. AKA PRIME CONSTRUCTION SERVICES

WBCMT 2007-C31 NORDHOFF STREET LIMITED PARTNERSHIP DOE 1

G&E REAL ESTATE MANAGEMENT INC. D/B/A NEWMARK GRUBB KNIGHT FRANK

Attorney/Law Firm Details

Plaintiff Attorneys

ZEYTUNTSYAN ANDREW

ZEYTUNTSYAN ANDRANIK ANDREW ESQ.

Defendant and Cross Plaintiff Attorneys

SAWYER JAMES FRANCIS

KNOPFLER GEORGE

KELSBERG WILLIAM GRAHAM ESQ.

SAWYER JAMES FRANCIS ESQ.

PHILLIPS DAVID M.

MACDONALD MICHELLE

KELSBERG ESQ WILLIAM G

KELSBERG WILLIAM GRAHAM

MACDONALD MICHELLE ESQ.

PHILLIPS DAVID M. ESQ.

GIANNETTO ALEX

MACKEY ROBERT T.

Defendant, Cross Defendant and Cross Plaintiff Attorneys

MACDONALD MICHELLE

KELSBERG WILLIAM GRAHAM

MACDONALD MICHELLE ESQ.

 

Court Documents

Association of Attorney

5/26/2021: Association of Attorney

Reply - DEFENDANT WBCMT 2007-C31 NORDHOFF STREET LIMITED PARTNERSHIP REPLY TO GABRIEL HERNANDEZ DBA PRIME CONSTRUCTION SERVICES OPPOSITION TO MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, MOTIO

3/5/2021: Reply - DEFENDANT WBCMT 2007-C31 NORDHOFF STREET LIMITED PARTNERSHIP REPLY TO GABRIEL HERNANDEZ DBA PRIME CONSTRUCTION SERVICES OPPOSITION TO MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, MOTIO

Notice - NOTICE OF SECOND CONTINUANCE OF HEARING OF DEFENDANT WBCMT 2007-C31 NORDHOFF STREET LIMITED PARTNERSHIPS MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION

3/16/2021: Notice - NOTICE OF SECOND CONTINUANCE OF HEARING OF DEFENDANT WBCMT 2007-C31 NORDHOFF STREET LIMITED PARTNERSHIPS MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, MOTION FOR SUMMARY ADJUDICATION

Objection - OBJECTION DEFENDANT U.S. FIRE PROTECTION INC'S OBJECTION

3/4/2021: Objection - OBJECTION DEFENDANT U.S. FIRE PROTECTION INC'S OBJECTION

Brief - DEFENDANT U.S. FIRE PROTECTION, INC.'S EVIDENTIARY OBJECTIONS

3/4/2021: Brief - DEFENDANT U.S. FIRE PROTECTION, INC.'S EVIDENTIARY OBJECTIONS

Brief - DEFENDANT U.S. FIRE PROTECTION, INC.'S EVIDENTIARY OBJECTIONS

3/4/2021: Brief - DEFENDANT U.S. FIRE PROTECTION, INC.'S EVIDENTIARY OBJECTIONS

Notice - NOTICE OF HEARING OF DEFENDANT U.S. FIRE PROTECTION, INC.'S MOTION FOR SUMMARY JUDGMENT

10/27/2020: Notice - NOTICE OF HEARING OF DEFENDANT U.S. FIRE PROTECTION, INC.'S MOTION FOR SUMMARY JUDGMENT

Declaration - DECLARATION DECLARATION OF JOHN ANDERSON IN SUPPORT OF DEFENDANT AND CROSSDEFENDANT, GABRIEL HERNANDEZ DBA PRIME CONSTRUCTION SERVICES' OPPOSITION TO MOTION FOR SUMMARY JUDGMENT OF U.S.

9/25/2020: Declaration - DECLARATION DECLARATION OF JOHN ANDERSON IN SUPPORT OF DEFENDANT AND CROSSDEFENDANT, GABRIEL HERNANDEZ DBA PRIME CONSTRUCTION SERVICES' OPPOSITION TO MOTION FOR SUMMARY JUDGMENT OF U.S.

Declaration - DECLARATION DECLARATION OF ANDREW ZEYTUNTSYAN, ESQ. IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANT WBCMT 2007-C31 NORDHOFF STREET LIMITED PARTNERSHIPS MOTION FOR SUMMARY JUDGMENT, OR

9/25/2020: Declaration - DECLARATION DECLARATION OF ANDREW ZEYTUNTSYAN, ESQ. IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANT WBCMT 2007-C31 NORDHOFF STREET LIMITED PARTNERSHIPS MOTION FOR SUMMARY JUDGMENT, OR

Opposition - OPPOSITION PLAINTIFFS RESPONSE TO DEFENDANT U.S. FIRE PROTECTION, INC.S SEPARATE STATEMENT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION AND

9/25/2020: Opposition - OPPOSITION PLAINTIFFS RESPONSE TO DEFENDANT U.S. FIRE PROTECTION, INC.S SEPARATE STATEMENT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION AND

Opposition - OPPOSITION PLAINTIFFS EVIDENTIARY OBJECTIONS TO EVIDENCE OFFERED IN SUPPORT OF DEFENDANT U.S. FIRE PROTECTION, INC.S SEPARATE STATEMENT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT, O

9/25/2020: Opposition - OPPOSITION PLAINTIFFS EVIDENTIARY OBJECTIONS TO EVIDENCE OFFERED IN SUPPORT OF DEFENDANT U.S. FIRE PROTECTION, INC.S SEPARATE STATEMENT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT, O

Opposition - OPPOSITION PLAINTIFFS OPPOSITION TO DEFENDANT WBCMT 2007-C31 NORDHOFF STREET LIMITED PARTNERSHIPS SUMMARY JUDGMENT MOTION, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION

9/25/2020: Opposition - OPPOSITION PLAINTIFFS OPPOSITION TO DEFENDANT WBCMT 2007-C31 NORDHOFF STREET LIMITED PARTNERSHIPS SUMMARY JUDGMENT MOTION, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION

Motion for Summary Judgment

6/23/2020: Motion for Summary Judgment

Substitution of Attorney

12/4/2019: Substitution of Attorney

Demand for Jury Trial

9/19/2019: Demand for Jury Trial

Cross-Complaint

9/24/2019: Cross-Complaint

Request for Dismissal

9/30/2019: Request for Dismissal

Notice of Case Assignment - Unlimited Civil Case

1/18/2019: Notice of Case Assignment - Unlimited Civil Case

111 More Documents Available

 

Docket Entries

  • 09/27/2021
  • Hearing09/27/2021 at 08:30 AM in Department F49 at 9425 Penfield Ave., Chatsworth, CA 91311; Jury Trial

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  • 09/16/2021
  • Hearing09/16/2021 at 08:30 AM in Department F49 at 9425 Penfield Ave., Chatsworth, CA 91311; Final Status Conference

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  • 07/12/2021
  • Hearing07/12/2021 at 08:30 AM in Department F49 at 9425 Penfield Ave., Chatsworth, CA 91311; Hearing on Motion for Sanctions

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  • 07/02/2021
  • Hearing07/02/2021 at 08:30 AM in Department F49 at 9425 Penfield Ave., Chatsworth, CA 91311; Hearing on Motion for Summary Judgment

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  • 07/02/2021
  • Hearing07/02/2021 at 08:30 AM in Department F49 at 9425 Penfield Ave., Chatsworth, CA 91311; Hearing on Motion for Summary Judgment

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  • 05/26/2021
  • DocketAssociation of Attorney; Filed by U.S. Fire Protection Inc. (Defendant)

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  • 05/12/2021
  • DocketMotion for Sanctions; Filed by Edna Beteta (Plaintiff)

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  • 04/28/2021
  • Docketat 08:30 AM in Department F49, Stephen P. Pfahler, Presiding; Hearing on Motion to Compel (MOTION TO COMPEL THE PAYMENT OF EXPERT DEPOSITION FEE) - Held

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  • 04/28/2021
  • DocketMinute Order ( (Hearing on Motion to Compel MOTION TO COMPEL THE PAYMENT OF E...)); Filed by Clerk

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  • 04/16/2021
  • DocketReply (PLAINTIFFS? REPLY TO DEFENDANT?S OPPOSITION ON A MOTION FOR AN ORDER TO COMPEL PAYMENT OF EXPERT DEPOSITION FEE OF DR. PONTON AND SANCTIONS; DECLARATION OF ANDREW ZEYTUNTSYAN AND EXHIBITS IN SUPPORT THEREOF; REQUEST FOR MONETARY SANCTIONS AGAINST DEFENDA); Filed by Edna Beteta (Plaintiff)

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125 More Docket Entries
  • 03/12/2019
  • DocketSummons (on Cross-Complaint); Filed by LNR Partners California Manager, LLC Erroneously Sued As LNR Partners, LLC (Defendant)

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  • 03/12/2019
  • DocketCross-Complaint; Filed by LNR Partners California Manager, LLC Erroneously Sued As LNR Partners, LLC (Cross-Complainant)

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  • 02/22/2019
  • DocketAnswer; Filed by LNR Partners California Manager, LLC Erroneously Sued As LNR Partners, LLC (Defendant)

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  • 02/05/2019
  • DocketProof of Service by Substituted Service; Filed by Edna Beteta (Plaintiff)

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  • 02/05/2019
  • DocketProof of Personal Service; Filed by Edna Beteta (Plaintiff)

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  • 01/31/2019
  • DocketProof of Service by Substituted Service; Filed by Edna Beteta (Plaintiff)

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  • 01/18/2019
  • DocketCivil Case Cover Sheet; Filed by Edna Beteta (Plaintiff)

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  • 01/18/2019
  • DocketSummons (on Complaint); Filed by Edna Beteta (Plaintiff)

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  • 01/18/2019
  • DocketComplaint; Filed by Edna Beteta (Plaintiff)

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  • 01/18/2019
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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Tentative Rulings

Case Number: 19STCV01820    Hearing Date: April 28, 2021    Dept: F49

Dept. F-49
Calendar # 6
Date: 4-28-21
Case #19STCV01820
Trial Date: 9-27-21
EXPERT FEES
MOVING PARTY: Plaintiff, Edna Beteta 
RESPONDING PARTY: Defendant, U.S. Fire Protection, Inc.
RELIEF REQUESTED
Motion to Compel Payment of Expert Fees
SUMMARY OF ACTION
On March 13, 2017, Plaintiff Edna Beteta was in proximity of a construction site owned, operated and/or managed by Defendants LNR Partners California Manager, LLC, Prime Construction and U.S. Fire Protection, Inc., when a falling metal plate struck Plaintiff on the head. 
 
On January 18, 2019, Plaintiff filed a complaint for premises liability, and negligence. On February 22, 2019 and March 12, 2019, LNR Partners California Manager, LLC answer then filed a cross-complaint against Prime Construction and U.S. Fire Protection, Inc. U.S. Fire Protection, Inc. and Gabriel Hernandez dba Prime Construction Services answered the complaint on April 15, 2019 and September 19, 2019. On August 22, 2019, plaintiff substituted in WBCMT 2007-C31 Nordhoff Street Limited Partnership for Doe 1. On September 24, 2019, WBCMT 2007-C31 Nordhoff Street Limited Partnership answered the complaint and filed a cross-complaint against Prime Construction and U.S. Fire Protection, Inc.
On September 30, 2019, Plaintiff dismissed LNR Partners, LLC.
On October 1, 2020, the action was transferred from Department 29 to Department 49. 
On September 17, 2020, Plaintiff substituted in G&E Real Estate Management, Inc. for Doe 2. On November 6, 2020, G&E Real Estate Management, Inc. answered the complaint and filed a cross-complaint against Prime Construction and U.S. Fire Protection, Inc.
RULING: Denied/Moot
Plaintiff moves to recover the expert fee for the June 11, 2020 deposition neuropsychologist, Marcel Ponton, PhD. The deposition was set by defense counsel, and at the conclusion of the deposition, according to Plaintiff, counsel failed to provide payment or any time thereafter.
Defendant in opposition states that the expert fee was paid on October 5, 2020. Plaintiff in reply reiterates the request for sanctions.
The requirement for the payment of the fee by Defendant, and the actual payment of the fee is undisputed. (See Code Civ. Proc., § 2034.450.) The subject motion was filed on September 10, 2020, and payment was only made almost a month after filing. 
Both parties demand sanctions. Plaintiff requests sanctions for the expense incurred, and Defendant, due to “bad faith” tactics of Plaintiff.  
The court denies the request for $1,500 in sanctions by Plaintiff. The court finds the delay in payment does not rise to a level of discovery abuse, as the deposition is complete, and payment was received last year. (Code Civ. Proc., § 2023.030, subd. (a).) Delays associated with the payment were not the result of any demonstrable intentional conduct. Defendant represents that the insurer was responsible for payment, not the law firm. [See Declaration of Kelsberg, ¶3.]
As for the counter request for sanctions, Defendant moves under Code of Civil Procedure section 128.6. The section was repealed in 2010. The court otherwise finds no basis for a bad faith showing either in Plaintiff making a claim for costs incurred from the filing of the motion months after the deposition, and almost one month before payment. 
The motion and requests for sanctions are therefore denied.
Motions for summary judgment set for July 2, 2021. September 27, 2021 trial date to stand.
Plaintiff to give notice.

Case Number: 19STCV01820    Hearing Date: March 10, 2021    Dept: F49

Dept. F-49

Calendar # 6

Date: 3-10-21

Case #19STCV01820

Trial Date: 9-27-21

SUMMARY JUDGMENT

MOVING PARTY: Defendant, U.S. Fire Protection, Inc.

RESPONDING PARTY: Plaintiff, Edna Beteta

RELIEF REQUESTED

Motion for Summary Judgment

SUMMARY OF ACTION

On March 13, 2017, Plaintiff Edna Beteta was in proximity of a construction site owned, operated and/or managed by Defendants LNR Partners California Manager, LLC, Prime Construction and U.S. Fire Protection, Inc., when a falling metal plate struck Plaintiff on the head.

On January 18, 2019, Plaintiff filed a complaint for premises liability, and negligence. On February 22, 2019 and March 12, 2019, LNR Partners California Manager, LLC answer then filed a cross-complaint against Prime Construction and U.S. Fire Protection, Inc. U.S. Fire Protection, Inc. and Gabriel Hernandez dba Prime Construction Services answered the complaint on April 15, 2019 and September 19, 2019. On August 22, 2019, plaintiff substituted in WBCMT 2007-C31 Nordhoff Street Limited Partnership for Doe 1. On September 24, 2019, WBCMT 2007-C31 Nordhoff Street Limited Partnership answered the complaint and filed a cross-complaint against Prime Construction and U.S. Fire Protection, Inc.

On September 30, 2019, Plaintiff dismissed LNR Partners, LLC.

On October 1, 2020, the action was transferred from Department 29 to Department 49.

On September 17, 2020, Plaintiff substituted in G&E Real Estate Management, Inc. for Doe 2. On November 6, 2020, G&E Real Estate Management, Inc. answered the complaint and filed a cross-complaint against Prime Construction and U.S. Fire Protection, Inc.

RULING: Continued.

Defendant U.S. Fire Protection, Inc. moves for summary judgment on grounds of lack of duty to warn Plaintiff of any alleged dangerous condition, or otherwise take preventative measures outside Defendant’s zone of control. Defendant additionally moves on grounds of a lack of causation towards the claimed injuries.

Plaintiff in opposition both substantively responds, but also requests leave to conduct further discovery on the motion.

The court declines to rule on the substance of the motion only to then disclose to the parties whether a continuance for further discovery is warranted. While the court acknowledges the objections to the continuance, the court also acts within its discretion to continue the motion for further discovery.

The court therefore continues the motion for summary judgment, and grants Plaintiff leave to conduct further discovery. The motion is therefore continued to June 25, 2021 to be heard on July 2, 2021. The parties are ordered to submit any and all amended opposition and reply within statutory deadlines from the new date—June 11, 2021 and June 21, 2021, respectively.

The September 27, 2021 trial date stands.

Moving Defendant to give notice.

Dept. F-49

Calendar # 6

Date: 3-10-21

Case #19STCV01820

Trial Date: 9-27-21

SUMMARY JUDGMENT

MOVING PARTY: Defendant, WBCMT 2007-C31 Nordhoff Street Limited Partnership

RESPONDING PARTY: Plaintiff, Edna Beteta

RELIEF REQUESTED

Motion for Summary Judgment/Summary Adjudication

SUMMARY OF ACTION

On March 13, 2017, Plaintiff Edna Beteta was in proximity of a construction site owned, operated and/or managed by Defendants LNR Partners California Manager, LLC, Prime Construction and U.S. Fire Protection, Inc., when a falling metal plate struck Plaintiff on the head.

On January 18, 2019, Plaintiff filed a complaint for premises liability, and negligence. On February 22, 2019 and March 12, 2019, LNR Partners California Manager, LLC answer then filed a cross-complaint against Prime Construction and U.S. Fire Protection, Inc. U.S. Fire Protection, Inc. and Gabriel Hernandez dba Prime Construction Services answered the complaint on April 15, 2019 and September 19, 2019. On August 22, 2019, plaintiff substituted in WBCMT 2007-C31 Nordhoff Street Limited Partnership for Doe 1. On September 24, 2019, WBCMT 2007-C31 Nordhoff Street Limited Partnership answered the complaint and filed a cross-complaint against Prime Construction and U.S. Fire Protection, Inc.

On September 30, 2019, Plaintiff dismissed LNR Partners, LLC.

On October 1, 2020, the action was transferred from Department 29 to Department 49.

On September 17, 2020, Plaintiff substituted in G&E Real Estate Management, Inc. for Doe 2. On November 6, 2020, G&E Real Estate Management, Inc. answered the complaint and filed a cross-complaint against Prime Construction and U.S. Fire Protection, Inc.

RULING: Continued.

Defendant WBCMT 2007-C31 Nordhoff Street Limited Partnership moves for summary judgment on grounds of lack of duty to warn Plaintiff of any alleged dangerous condition, or otherwise take preventative measures outside Defendant’s zone of control. Defendant additionally moves on grounds of a lack of causation towards the claimed injuries.

Plaintiff in opposition both substantively responds, but also requests leave to conduct further discovery on the motion.

The court declines to rule on the substance of the motion only to then disclose to the parties whether a continuance for further discovery is warranted. While the court acknowledges the objections to the continuance, the court also acts within its discretion to continue the motion for further discovery.

The court therefore continues the motion for summary judgment, and grants Plaintiff leave to conduct further discovery. The motion is therefore continued to June 18, 2021. The parties are ordered to submit any and all amended opposition and reply within statutory deadlines from the new date—June 18, 2021 and June 28, 2021, respectively.

The September 27, 2021 trial date stands.

Moving Defendant to give notice.

Case Number: 19STCV01820    Hearing Date: October 09, 2020    Dept: 29

19STCV01820 Edna Beteta v. LNR Partners, et al.

Court Order Re: Transfer and Reassignment of Complicated Personal Injury (“PI”) Case to An Independent Calendar ("IC") Courtroom from Department 29, a PI Hub Court.

The Court's order Re: Transfer of Complicated Personal Injury Case to an Independent Calendar Court, is posted on the Court's website.

AFTER REVIEW OF THE FILE, THE COURT MAKES THE FOLLOWING ORDER:

Department 29 of the Personal Injury Court has determined that the above-entitled action is complicated based upon the number of pretrial hearings and/or the complexity of the issues presented.

At the direction of Department 1, this case is hereby ordered reassigned and transferred to the North Valley District, Chatsworth, the Honorable STEPHEN P. PFAHLER, Judge presiding in Department F49, for all purposes except trial. Department 1 hereby delegates to the Independent Calendar Court the authority to assign the cause for trial to that Independent Calendar Court.

Hearing on the above motion and any pending motions or hearings, including trial or status conferences, will be reset, continued or vacated at the direction of the newly assigned Independent Calendar Court. (NOTE: All hearings currently set in Department 29 of the Spring Street Courthouse are taken off calendar subject to being reset and notified by the receiving court Re: New hearing dates.)

Judicial Assistant is directed to give notice to Plaintiff, who upon receipt of this notice, is ordered to give notice to all Parties of record.

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