This case was last updated from Los Angeles County Superior Courts on 03/16/2023 at 10:50:41 (UTC).

ENGAGE BDR, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY VS LUNA MEDIA LLC, A DELAWARE LIMITED LIABILITY COMPANY

Case Summary

On 11/05/2021 ENGAGE BDR, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY filed a Contract - Other Contract lawsuit against LUNA MEDIA LLC, A DELAWARE LIMITED LIABILITY COMPANY. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ELAINE LU. The case status is Disposed - Dismissed.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0947

  • Filing Date:

    11/05/2021

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

ELAINE LU

 

Party Details

Plaintiff

ENGAGE BDR LLC

Defendants

LUNA MEDIA LLC A DELAWARE LIMITED LIABILITY COMPANY

LUNA MEDIA GROUP LLC A DELAWARE LIMITED LIABILITY COMPANY

Attorney/Law Firm Details

Defendant Attorney

GUERRINI JOHN DONALD

 

Court Documents

Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER)

3/14/2023: Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NUNC PRO TUNC ORDER) OF 03/14/2023

3/14/2023: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NUNC PRO TUNC ORDER) OF 03/14/2023

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: STATUS OF ENGAGE BDR, LLCS REPRESENT...)

3/13/2023: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: STATUS OF ENGAGE BDR, LLCS REPRESENT...)

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: STATUS OF ENGAGE BDR, LLCS REPRESENT...)

3/13/2023: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: STATUS OF ENGAGE BDR, LLCS REPRESENT...)

Declaration - DECLARATION OF ATTORNEY JOHN D. GUERRINI IN RESPONSE TO ORDER TO SHOW CAUSE AND REQUEST FOR DISMISSAL WITH PREJUDICE PURSUANT TO STIPULATION OF THE PARTIES

2/27/2023: Declaration - DECLARATION OF ATTORNEY JOHN D. GUERRINI IN RESPONSE TO ORDER TO SHOW CAUSE AND REQUEST FOR DISMISSAL WITH PREJUDICE PURSUANT TO STIPULATION OF THE PARTIES

Notice - NOTICE OF ENTRY OF MINUTE ORDER AND SIGNED ORDER ON JUDICIAL COUNCIL FORM MC-053

1/27/2023: Notice - NOTICE OF ENTRY OF MINUTE ORDER AND SIGNED ORDER ON JUDICIAL COUNCIL FORM MC-053

Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

1/25/2023: Order Granting Attorney's Motion to Be Relieved as Counsel-Civil

Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER)

1/25/2023: Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NUNC PRO TUNC ORDER) OF 01/25/2023, MINUTE ORDER AND ORDER RE: MOTION TO BE RELIEVED AS COUNSEL

1/25/2023: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NUNC PRO TUNC ORDER) OF 01/25/2023, MINUTE ORDER AND ORDER RE: MOTION TO BE RELIEVED AS COUNSEL

Minute Order - MINUTE ORDER (HEARING ON MOTION TO BE RELIEVED AS COUNSEL)

1/20/2023: Minute Order - MINUTE ORDER (HEARING ON MOTION TO BE RELIEVED AS COUNSEL)

Order - ORDER RE: MOTION TO BE RELIEVED AS COUNSEL

1/20/2023: Order - ORDER RE: MOTION TO BE RELIEVED AS COUNSEL

Minute Order - MINUTE ORDER (HEARING ON MOTION TO BE RELIEVED AS COUNSEL)

1/20/2023: Minute Order - MINUTE ORDER (HEARING ON MOTION TO BE RELIEVED AS COUNSEL)

Notice - NOTICE OF ENTRY OF MINUTE ORDER

1/19/2023: Notice - NOTICE OF ENTRY OF MINUTE ORDER

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: SANCTIONS FOR FAILURE TO COMPLY WITH ...)

1/13/2023: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: SANCTIONS FOR FAILURE TO COMPLY WITH ...)

Declaration - DECLARATION OF JOHN D. GUERRINI ORDER TO SHOW CAUSE

1/9/2023: Declaration - DECLARATION OF JOHN D. GUERRINI ORDER TO SHOW CAUSE

Stipulation and Order - STIPULATION AND ORDER OF ALL PARTIES TO CONTINUE OSC AND POST-ARBITRATION STATUS CONFERENCE

12/30/2022: Stipulation and Order - STIPULATION AND ORDER OF ALL PARTIES TO CONTINUE OSC AND POST-ARBITRATION STATUS CONFERENCE

Proof of Service (not Summons and Complaint)

12/27/2022: Proof of Service (not Summons and Complaint)

Motion to Be Relieved as Counsel

12/27/2022: Motion to Be Relieved as Counsel

57 More Documents Available
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Docket Entries

  • 03/14/2023

  • DocketMinute Order (Nunc Pro Tunc Order)

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  • 03/14/2023

  • DocketCertificate of Mailing for (Nunc Pro Tunc Order) of 03/14/2023; Filed by: Clerk

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  • 03/14/2023

  • DocketOrder to Show Cause Re: sanctions, including monetary sanctions and dismissal scheduled for 04/06/2023 at 08:30 AM in Stanley Mosk Courthouse at Department 26 Not Held - Vacated by Court on 03/14/2023

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  • 03/14/2023

  • DocketOrder to Show Cause Re: status of Engage BDR, LLCs representation scheduled for 04/06/2023 at 08:30 AM in Stanley Mosk Courthouse at Department 26 Not Held - Vacated by Court on 03/14/2023

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  • 03/14/2023

  • DocketOrder to Show Cause Re: why Engage BDR, LLCs complaint should not be dismissed in its entirety scheduled for 04/06/2023 at 08:30 AM in Stanley Mosk Courthouse at Department 26 Not Held - Vacated by Court on 03/14/2023

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  • 03/14/2023

  • DocketOrder to Show Cause Re: sanctions for failure to comply with the Court's June 21, 2022 order to arbitrate. scheduled for 04/06/2023 at 08:30 AM in Stanley Mosk Courthouse at Department 26 Not Held - Vacated by Court on 03/14/2023

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  • 03/14/2023

  • DocketPost-Arbitration Status Conference scheduled for 04/06/2023 at 08:30 AM in Stanley Mosk Courthouse at Department 26 Not Held - Vacated by Court on 03/14/2023

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  • 03/14/2023

  • DocketThe case is removed from the special status of: Stay - Binding Arbitration

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  • 03/13/2023

  • DocketMinute Order (Order to Show Cause Re: status of Engage BDR, LLCs represent...)

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  • 03/13/2023

  • DocketOn the Court's own motion, Order to Show Cause Re: status of Engage BDR, LLCs representation scheduled for 03/13/2023 at 08:30 AM in Stanley Mosk Courthouse at Department 26 Held - Continued was rescheduled to 04/06/2023 08:30 AM

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90 More Docket Entries
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  • 11/17/2021

  • DocketOrder to Show Cause Failure to File Proof of Service; Filed by: Clerk

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  • 11/17/2021

  • DocketCase Management Conference scheduled for 03/07/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 26

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  • 11/17/2021

  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 03/07/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 26

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  • 11/17/2021

  • DocketNotice of Case Management Conference; Filed by: Clerk

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  • 11/12/2021

  • DocketAmended Complaint (1st); Filed by: ENGAGE BDR, LLC, a California limited liability company (Plaintiff); As to: LUNA MEDIA LLC, a Delaware limited liability company (Defendant); LUNA MEDIA GROUP LLC, a Delaware limited liability company (Defendant)

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  • 11/08/2021

  • DocketCase assigned to Hon. Elaine Lu in Department 26 Stanley Mosk Courthouse

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  • 11/05/2021

  • DocketComplaint; Filed by: ENGAGE BDR, LLC, a California limited liability company (Plaintiff); As to: LUNA MEDIA LLC, a Delaware limited liability company (Defendant)

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  • 11/05/2021

  • DocketSummons on Complaint; Issued and Filed by: ENGAGE BDR, LLC, a California limited liability company (Plaintiff); As to: LUNA MEDIA LLC, a Delaware limited liability company (Defendant)

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  • 11/05/2021

  • DocketCivil Case Cover Sheet; Filed by: ENGAGE BDR, LLC, a California limited liability company (Plaintiff); As to: LUNA MEDIA LLC, a Delaware limited liability company (Defendant)

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  • 11/05/2021

  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by: Clerk

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Tentative Rulings

Case Number: *******0947 Hearing Date: January 20, 2023 Dept: 26

Superior Court of California

County of Los Angeles

Department 26

ENGAGE BDR, LLC,

Plaintiff,

v.

LUNA MEDIA, LLC; LUNA MEDIA GROUP, LLC; et al.,

Defendants.

Case No.: *******0947

Hearing Date: January 20, 2023

[TENTATIVE] ORDER RE:

MOTION TO BE RELIEVED AS COUNSEL

On December 27, 2022, Thad M. Scroggins, Esq. (“Counsel”), filed the instant motion to be relieved as counsel for Plaintiff Engage BDR, LLC (“Client”).

Counsel has filed a form MC051 and MC-052 as to each Client and has lodged with the Court a copy of the proposed order on form MC-053 pursuant to CRC Rule 3.1362.

Counsel states that there has been a break down in the attorney-client relationship because Client has failed to sign a formal retainer for this case and/or agree to pay Counsel for legal work for several months.

The MC-052 form fails to state whether Counsel served Clients via mail at Clients’ last known mailing address or whether Counsel confirmed Client’s address as current within 30 days of the motion. Rather, counsel merely states that he served David Batista through email on behalf of Client. This is improper.

California Rules of Court Rule 3.1362 requires that Counsel confirm Client’s address “within 30 days before the filing of the motion to be relieved.” Rule 3.1362 further provides that “[m]erely demonstrating that the notice was sent to the client's last known address and was not returned or no electronic delivery failure message was received is not, by itself, sufficient to demonstrate that the address is current.” (Id. at (d)(2).)

Further, Counsel does not assert that Counsel has confirmed that the address is current by any traditional means of “mail, return receipt requested,” “telephone,” or “conversation”. Accordingly, Counsel has failed to demonstrate that the address or email address listed on the proof of service filing is indeed current as of 30 days prior to the filing of Counsel’s motion to be relieved.

Rule 3.1362’s requirement that Client’s address be confirmed as current within 30 days of Counsel’s motion to be relieved is not a mere technicality without a purpose. If the Court grants Counsel’s motion to be relieved without requiring a current, working address for Client, neither the Court nor the other parties will have the ability to serve Client with pleadings, motions, and orders, which implicates due process concerns.

Moreover, the proposed order on form MC-053 is incomplete

Accordingly, the instant motion to be relieved as counsel is DENIED as Counsel has failed to follow multiple mandatory requirements to be relieved as Counsel.

DATED: January 20, 2023

Elaine Lu

Judge of the Superior Court



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