This case was last updated from Los Angeles County Superior Courts on 07/06/2021 at 14:02:29 (UTC).

EUROPLAY CAPITAL ADVISORS, LLC, A DELAWARE LIMITED LIABILITY COMPANY, ET AL. VS PERSONALWEB TECHNOLOGIES, LLC, A TEXAS LIMITED LIABILITY COMPANY

Case Summary

On 04/27/2021 EUROPLAY CAPITAL ADVISORS, LLC, A DELAWARE LIMITED LIABILITY COMPANY filed a Contract - Debt Collection lawsuit against PERSONALWEB TECHNOLOGIES, LLC, A TEXAS LIMITED LIABILITY COMPANY. This case was filed in Los Angeles County Superior Courts, Van Nuys Courthouse East located in Los Angeles, California. The Judge overseeing this case is BERNIE C. LAFORTEZA. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0575

  • Filing Date:

    04/27/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Debt Collection

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

BERNIE C. LAFORTEZA

 

Party Details

Plaintiffs

CLARIA INNOVATIONS LLC A DELAWARE LIMITED LIABILITY COMPANY

EUROPLAY CAPITAL ADVISORS LLC A DELAWARE LIMITED LIABILITY COMPANY

BRILLIANT DIGITAL ENTERTAINMENT INC. A DELAWARE CORPORATION

MONTO HOLDINGS PTY LTD AN AUSTRALIAN COMPANY

Defendant

PERSONALWEB TECHNOLOGIES LLC A TEXAS LIMITED LIABILITY COMPANY

Not Classified By Court

HARCO NATIONAL INSURANCE COMPANY

EVANS ROBB

Attorney/Law Firm Details

Plaintiff Attorney

FLETCHER MICHAEL GERARD

 

Court Documents

Undertaking - UNDERTAKING UNDER SECTION 567(B) C.C.P.

5/12/2021: Undertaking - UNDERTAKING UNDER SECTION 567(B) C.C.P.

Oath of Receiver

6/7/2021: Oath of Receiver

Notice - NOTICE NOTICE OF ENTRY OF ORDER: PRELIMINARY INJUNCTION IN AID OF RECEIVER

6/2/2021: Notice - NOTICE NOTICE OF ENTRY OF ORDER: PRELIMINARY INJUNCTION IN AID OF RECEIVER

Stipulation and Order - STIPULATION AND ORDER STIPULATION FOR ENTRY OF PRELIMINARY INJUNCTION IN AID OF THE RECEIVER

5/20/2021: Stipulation and Order - STIPULATION AND ORDER STIPULATION FOR ENTRY OF PRELIMINARY INJUNCTION IN AID OF THE RECEIVER

Order - ORDER [PROPOSED] ORDER FOR ENTRY OF PRELIMINARY INJUNCTION IN AID OF THE RECEIVER

6/1/2021: Order - ORDER [PROPOSED] ORDER FOR ENTRY OF PRELIMINARY INJUNCTION IN AID OF THE RECEIVER

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION)

6/1/2021: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: PRELIMINARY INJUNCTION)

Receiver Bond - RECEIVER BOND IN THE AMOUNT OF $1500.00

5/14/2021: Receiver Bond - RECEIVER BOND IN THE AMOUNT OF $1500.00

Receiver Bond - RECEIVER BOND IN THE AMOUNT OF $1500.00

5/14/2021: Receiver Bond - RECEIVER BOND IN THE AMOUNT OF $1500.00

Proof of Personal Service

5/14/2021: Proof of Personal Service

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR IMMEDIATE APPOINTMENT OF ...)

5/7/2021: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR IMMEDIATE APPOINTMENT OF ...)

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR IMMEDIATE APPOINTMENT OF ...)

5/10/2021: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR IMMEDIATE APPOINTMENT OF ...)

Temporary Protective Order

5/10/2021: Temporary Protective Order

Order - ORDER ORDER FOR EX PARTE IMMEDIATE APPOINTMENT OF A RECEIVER

5/10/2021: Order - ORDER ORDER FOR EX PARTE IMMEDIATE APPOINTMENT OF A RECEIVER

Declaration - DECLARATION OF BRUCE D. POLTROCK

5/3/2021: Declaration - DECLARATION OF BRUCE D. POLTROCK

Declaration - DECLARATION OF MICHAEL WEISS

5/3/2021: Declaration - DECLARATION OF MICHAEL WEISS

Ex Parte Application - EX PARTE APPLICATION FOR IMMEDIATE APPOINTMENT OF RECEIVER AND PRELIMINARY INJUNCTION IN THE AID OF THE RECEIVER

5/3/2021: Ex Parte Application - EX PARTE APPLICATION FOR IMMEDIATE APPOINTMENT OF RECEIVER AND PRELIMINARY INJUNCTION IN THE AID OF THE RECEIVER

Notice - NOTICE NOMINATION OF RECEIVER

5/3/2021: Notice - NOTICE NOMINATION OF RECEIVER

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR IMMEDIATE APPOINTMENT OF ...)

5/4/2021: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR IMMEDIATE APPOINTMENT OF ...)

11 More Documents Available

 

Docket Entries

  • 08/30/2021
  • Hearing08/30/2021 at 08:30 AM in Department U at 6230 Sylmar Ave., Van Nuys, CA 91401; Case Management Conference

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  • 06/07/2021
  • DocketOath of Receiver; Filed by Robb Evans (Non-Party)

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  • 06/02/2021
  • DocketNotice (Notice of Entry of Order: Preliminary Injunction In Aid of Receiver); Filed by EUROPLAY CAPITAL ADVISORS, LLC, a Delaware limited liability company (Plaintiff); BRILLIANT DIGITAL ENTERTAINMENT, INC., a Delaware corporation (Plaintiff); CLARIA INNOVATIONS, LLC, a Delaware limited liability company (Plaintiff) et al.

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  • 06/01/2021
  • Docketat 08:30 AM in Department U, Bernie C. LaForteza, Presiding; Order to Show Cause Re: (Preliminary Injunction) - Held

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  • 06/01/2021
  • DocketOrder (FOR ENTRY OF PRELIMINARY INJUNCTION IN AID OF THE RECEIVER); Filed by EUROPLAY CAPITAL ADVISORS, LLC, a Delaware limited liability company (Plaintiff); BRILLIANT DIGITAL ENTERTAINMENT, INC., a Delaware corporation (Plaintiff); CLARIA INNOVATIONS, LLC, a Delaware limited liability company (Plaintiff) et al.

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  • 06/01/2021
  • DocketMinute Order ( (Order to Show Cause Re: Preliminary Injunction)); Filed by Clerk

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  • 05/20/2021
  • DocketSTIPULATION FOR ENTRY OF PRELIMINARY INJUNCTION IN AID OF THE RECEIVER; Filed by EUROPLAY CAPITAL ADVISORS, LLC, a Delaware limited liability company (Plaintiff); BRILLIANT DIGITAL ENTERTAINMENT, INC., a Delaware corporation (Plaintiff); CLARIA INNOVATIONS, LLC, a Delaware limited liability company (Plaintiff) et al.

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  • 05/14/2021
  • DocketProof of Personal Service; Filed by EUROPLAY CAPITAL ADVISORS, LLC, a Delaware limited liability company (Plaintiff)

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  • 05/14/2021
  • DocketReceiver Bond (in the Amount of $1500.00); Filed by EUROPLAY CAPITAL ADVISORS, LLC, a Delaware limited liability company (Plaintiff); BRILLIANT DIGITAL ENTERTAINMENT, INC., a Delaware corporation (Plaintiff); CLARIA INNOVATIONS, LLC, a Delaware limited liability company (Plaintiff) et al.

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  • 05/14/2021
  • DocketReceiver Bond (In the Amount of $1500.00); Filed by EUROPLAY CAPITAL ADVISORS, LLC, a Delaware limited liability company (Plaintiff); BRILLIANT DIGITAL ENTERTAINMENT, INC., a Delaware corporation (Plaintiff); CLARIA INNOVATIONS, LLC, a Delaware limited liability company (Plaintiff) et al.

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8 More Docket Entries
  • 05/04/2021
  • DocketMinute Order ( (Hearing on Ex Parte Application for Immediate Appointment of ...)); Filed by Clerk

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  • 05/03/2021
  • DocketDeclaration (of Bruce D. Poltrock); Filed by EUROPLAY CAPITAL ADVISORS, LLC, a Delaware limited liability company (Plaintiff); BRILLIANT DIGITAL ENTERTAINMENT, INC., a Delaware corporation (Plaintiff); CLARIA INNOVATIONS, LLC, a Delaware limited liability company (Plaintiff) et al.

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  • 05/03/2021
  • DocketNotice (Nomination of receiver); Filed by EUROPLAY CAPITAL ADVISORS, LLC, a Delaware limited liability company (Plaintiff); BRILLIANT DIGITAL ENTERTAINMENT, INC., a Delaware corporation (Plaintiff); CLARIA INNOVATIONS, LLC, a Delaware limited liability company (Plaintiff) et al.

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  • 05/03/2021
  • DocketDeclaration (of Michael Weiss); Filed by EUROPLAY CAPITAL ADVISORS, LLC, a Delaware limited liability company (Plaintiff); BRILLIANT DIGITAL ENTERTAINMENT, INC., a Delaware corporation (Plaintiff); CLARIA INNOVATIONS, LLC, a Delaware limited liability company (Plaintiff) et al.

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  • 05/03/2021
  • DocketEx Parte Application (for Immediate Appointment of Receiver and Preliminary Injunction in the Aid of the Receiver); Filed by EUROPLAY CAPITAL ADVISORS, LLC, a Delaware limited liability company (Plaintiff); BRILLIANT DIGITAL ENTERTAINMENT, INC., a Delaware corporation (Plaintiff); CLARIA INNOVATIONS, LLC, a Delaware limited liability company (Plaintiff) et al.

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  • 04/28/2021
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 04/27/2021
  • DocketCivil Case Cover Sheet; Filed by EUROPLAY CAPITAL ADVISORS, LLC, a Delaware limited liability company (Plaintiff); BRILLIANT DIGITAL ENTERTAINMENT, INC., a Delaware corporation (Plaintiff); CLARIA INNOVATIONS, LLC, a Delaware limited liability company (Plaintiff) et al.

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  • 04/27/2021
  • DocketComplaint; Filed by EUROPLAY CAPITAL ADVISORS, LLC, a Delaware limited liability company (Plaintiff); BRILLIANT DIGITAL ENTERTAINMENT, INC., a Delaware corporation (Plaintiff); CLARIA INNOVATIONS, LLC, a Delaware limited liability company (Plaintiff) et al.

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  • 04/27/2021
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 04/27/2021
  • DocketSummons (on Complaint); Filed by EUROPLAY CAPITAL ADVISORS, LLC, a Delaware limited liability company (Plaintiff); BRILLIANT DIGITAL ENTERTAINMENT, INC., a Delaware corporation (Plaintiff); CLARIA INNOVATIONS, LLC, a Delaware limited liability company (Plaintiff) et al.

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Tentative Rulings

b'

Case Number: 21VECV00575 Hearing Date: September 1, 2021 Dept: U

SUPERIOR COURT OF THE STATE OF CALIFORNIA

\r\n\r\n

FOR THE COUNTY OF LOS ANGELES - NORTHWEST DISTRICT

\r\n\r\n

\r\n\r\n\r\n \r\n \r\n \r\n \r\n \r\n
\r\n

BRILLIANT\r\n DIGITAL ENTERTAINMENT, INC., a Delaware corporation; EUROPLAY CAPITAL\r\n ADVISORS, LLC, a Delaware limited liability company; CLARIA INNOVATIONS, LLC,\r\n a Delaware limited liability company; and MONTO HOLDINGS PTY LTD, an\r\n Australian Company,

\r\n

\r\n

Plaintiffs,

\r\n

\r\n

vs.

\r\n

\r\n

PERSONALWEB TECHNOLOGIES, LLC,\r\n a Texas limited liability company; and DOES 1 through 100, inclusive,

\r\n

\r\n

Defendants.

\r\n
\r\n

\r\n
\r\n

CASE NO: 21VECV00575

\r\n

\r\n

[TENTATIVE] ORDER RE:

\r\n

PETITIONERS’ APPLICATION FOR STEVEN K. DAVIDSON TO APPEAR\r\n AS COUNSEL PRO HAC VICE

\r\n

\r\n

Dept. U

\r\n

8:30 a.m.

\r\n

September\r\n 1, 2021

\r\n
\r\n\r\n

\r\n\r\n

I. \r\nBACKGROUND

\r\n\r\n

On August 3,\r\n2021, Steven K. Davidson (“Davidson”) filed an application for admission as\r\ncounsel pro hac vice for intervening parties Amazon.Com, Inc., Amazon Web\r\nServices, Inc., and Twitch Interactive, Inc. (“Petitioners”). Davidson filed a\r\nnotice of motion and motion for pro hac vice admission, verified application to\r\nbe admitted pro hac vice, and proposed order. (See generally Verified\r\nApplication of Steven K. Davidson.)

\r\n\r\n

II. \r\nLEGAL\r\nSTANDARD

\r\n\r\n

California Rules of Court (Cal.\r\nRules of Ct.), rule 9.40 provides that an attorney in good standing in another jurisdiction\r\nmay apply to appear pro hac vice in this State by way of written application\r\nupon notice by mail to all interested parties, as well as service on the State\r\nBar in San Francisco with payment of a $50.00 fee, so long as that attorney is\r\nnot a resident of California, does not work in California, and does not perform\r\nregular or substantial business, professional, or other activities in the\r\nState. (Cal. Rules of Ct., rule 9.40.)

\r\n\r\n

The written application must\r\nprovide the following information: (1) applicant attorney’s residence and\r\noffice addresses; (2) the courts to which the applicant attorney has been\r\nadmitted and dates of admission; (3) representation that the attorney applicant\r\nis a member in good standing in the courts of admission and is not currently\r\nsuspended or disbarred in any court; (4) the title of each court and action in\r\nwhich the applicant attorney has appeared pro hac vice in this State in the\r\npreceding two years, if any; and (5) the name, address, and telephone number of\r\nthe active California State Bar member who is counsel of record in the local\r\naction. (Cal. Rules of Ct., rule 9.40(d).)

\r\n\r\n

III. \r\nDISCUSSION

\r\n\r\n

Here, the Court denies Davidson’s\r\nverified application for admission as counsel pro hac vice for Petitioners in\r\nthis action.

\r\n\r\n

First, the pending application’s\r\nProof of Service failed to comply with Cal. Rules of Court, rule 9.40(c)(1).\r\nOut-of-state counsel must file a verified application and a proof of service,\r\nwhich provides that a copy of the application and a notice of hearing have been\r\nserved on all parties and on the California Bar at its San Francisco office.\r\n(Cal. Rules of Court, Rule 9.40(c)(1).) Here, the pending application’s Proof\r\nof Service does not provide that the California Bar Association was served with\r\na copy of the pending application and notice thereof.

\r\n\r\n

Second, the pending application was\r\nnot submitted with proof that the $50 fee was paid to the California Bar\r\nAssociation. The copy of the application and notice of hearing to the\r\nCalifornia Bar must include a fee of $50, per attorney, per case. (Cal. Rules\r\nof Court, Rule 9.40(e).) The pending application did not contain such proof the\r\n$50 was paid to the California Bar Association.

\r\n\r\n

Consequently, Davidson’s\r\napplication does not comply with the requirements of Cal. Rules of Ct., rule\r\n9.40.

\r\n\r\n

I. \r\nCONCLUSION\r\n

\r\n\r\n

Therefore, the Application by Steven\r\nK. Davidson for Admission as Counsel Pro Hac Vice for Petitioners Amazon.Com,\r\nInc., Amazon Web Services, Inc., and Twitch Interactive, Inc. is DENIED.

\r\n\r\n

\r\n\r\n

DATED: September 1, 2021

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - NORTHWEST DISTRICT

\r\n \r\n \r\n \r\n \r\n \r\n
\r\n

BRILLIANT\r\n DIGITAL ENTERTAINMENT, INC., a Delaware corporation; EUROPLAY CAPITAL\r\n ADVISORS, LLC, a Delaware limited liability company; CLARIA INNOVATIONS, LLC,\r\n a Delaware limited liability company; and MONTO HOLDINGS PTY LTD, an\r\n Australian Company,

\r\n

\r\n

Plaintiffs,

\r\n

\r\n

vs.

\r\n

\r\n

PERSONALWEB TECHNOLOGIES, LLC,\r\n a Texas limited liability company; and DOES 1 through 100, inclusive,

\r\n

\r\n

Defendants.

\r\n
\r\n

\r\n
\r\n

CASE NO: 21VECV00575

\r\n

\r\n

[TENTATIVE] ORDER RE:

\r\n

PETITIONERS’ APPLICATION FOR MICHAEL J. BARATZ TO APPEAR\r\n AS COUNSEL PRO HAC VICE

\r\n

\r\n

Dept. U

\r\n

8:30 a.m.

\r\n

September\r\n 1, 2021

\r\n

I. \r\nBACKGROUND

On August 3,\r\n2021, Michael J. Baratz (“Baratz”) filed an application for admission as\r\ncounsel pro hac vice for intervening parties Amazon.Com, Inc., Amazon Web\r\nServices, Inc., and Twitch Interactive, Inc. (“Petitioners”). Baratz filed a\r\nnotice of motion and motion for pro hac vice admission, verified application to\r\nbe admitted pro hac vice, and proposed order. (See generally Verified\r\nApplication of Michael J. Baratz.)

II. \r\nLEGAL\r\nSTANDARD

California Rules of Court (Cal.\r\nRules of Ct.), rule 9.40 provides that an attorney in good standing in another jurisdiction\r\nmay apply to appear pro hac vice in this State by way of written application\r\nupon notice by mail to all interested parties, as well as service on the State\r\nBar in San Francisco with payment of a $50.00 fee, so long as that attorney is\r\nnot a resident of California, does not work in California, and does not perform\r\nregular or substantial business, professional, or other activities in the\r\nState. (Cal. Rules of Ct., rule 9.40.)

The written application must\r\nprovide the following information: (1) applicant attorney’s residence and\r\noffice addresses; (2) the courts to which the applicant attorney has been\r\nadmitted and dates of admission; (3) representation that the attorney applicant\r\nis a member in good standing in the courts of admission and is not currently\r\nsuspended or disbarred in any court; (4) the title of each court and action in\r\nwhich the applicant attorney has appeared pro hac vice in this State in the\r\npreceding two years, if any; and (5) the name, address, and telephone number of\r\nthe active California State Bar member who is counsel of record in the local\r\naction. (Cal. Rules of Ct., rule 9.40(d).)

III. \r\nDISCUSSION

Here, the Court denies Baratz’s\r\nverified application for admission as counsel pro hac vice for Petitioners in\r\nthis action.

First, the pending application’s\r\nProof of Service failed to comply with Cal. Rules of Court, rule 9.40(c)(1).\r\nOut-of-state counsel must file a verified application and a proof of service,\r\nwhich provides that a copy of the application and a notice of hearing have been\r\nserved on all parties and on the California Bar at its San Francisco office.\r\n(Cal. Rules of Court, Rule 9.40(c)(1).) Here, the pending application’s Proof\r\nof Service does not provide that the California Bar Association was served with\r\na copy of the pending application and notice thereof.

Second, the pending application was\r\nnot submitted with proof that the $50 fee was paid to the California Bar\r\nAssociation. The copy of the application and notice of hearing to the\r\nCalifornia Bar must include a fee of $50, per attorney, per case. (Cal. Rules\r\nof Court, Rule 9.40(e).) The pending application did not contain such proof the\r\n$50 was paid to the California Bar Association.

Consequently, Baratz’s application\r\ndoes not comply with the requirements of Cal. Rules of Ct., rule 9.40.

I. \r\nCONCLUSION\r\n

Therefore, the Application by\r\nMichael J. Baratz for Admission as Counsel Pro Hac Vice for Petitioners\r\nAmazon.Com, Inc., Amazon Web Services, Inc., and Twitch Interactive, Inc. is DENIED.\r\n

DATED: September 1, 2021

\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n\r\n

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