This case was last updated from Los Angeles County Superior Courts on 04/06/2022 at 12:49:51 (UTC).

FRANK SPIZIRI, ET AL. VS DIAMOND RESORTS INTERNATIONAL CLUB, INC., ET AL.

Case Summary

On 04/06/2020 FRANK SPIZIRI filed a Personal Injury - Other Personal Injury lawsuit against DIAMOND RESORTS INTERNATIONAL CLUB, INC . This case was filed in Los Angeles County Superior Courts, Governor George Deukmejian Courthouse located in Los Angeles, California. The Judge overseeing this case is MARK C. KIM. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0191

  • Filing Date:

    04/06/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Other Personal Injury

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

MARK C. KIM

 

Party Details

Plaintiffs

SPIZIRI JACQUELINE

SPIZIRI FRANK

Defendants

DIAMOND RESORTS FINANCIAL SERVICES INC.

DIAMOND RESORTS INTERNATIONAL CLUB INC.

DIAMOND RESORTS DEVELOPER AND SALES HOLDING COMPANY

ILX ACQUISITIONS INC.

DIAMOND RESORTS INTERNATIONAL MARKETING INC.

DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT LLC

Attorney/Law Firm Details

Plaintiff Attorney

RIDLEY ERIC D

Defendant Attorney

SAKAI JOSEPH PATRICK

 

Court Documents

Minute Order - MINUTE ORDER (POST-ARBITRATION STATUS CONFERENCE)

2/8/2022: Minute Order - MINUTE ORDER (POST-ARBITRATION STATUS CONFERENCE)

Notice of Continuance

2/9/2022: Notice of Continuance

Minute Order - MINUTE ORDER (POST-ARBITRATION STATUS CONFERENCE)

12/8/2021: Minute Order - MINUTE ORDER (POST-ARBITRATION STATUS CONFERENCE)

Case Management Statement

12/1/2021: Case Management Statement

Case Management Statement

12/6/2021: Case Management Statement

Minute Order - MINUTE ORDER (STATUS CONFERENCE RE ARBITRATION AND PLAINTIFF'S FAILURE TO A...)

9/22/2021: Minute Order - MINUTE ORDER (STATUS CONFERENCE RE ARBITRATION AND PLAINTIFF'S FAILURE TO A...)

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: PLAINTIFF'S FAILURE TO APPEAR, FAILUR...)

6/28/2021: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: PLAINTIFF'S FAILURE TO APPEAR, FAILUR...)

Notice of Ruling

6/28/2021: Notice of Ruling

Minute Order - MINUTE ORDER (STATUS CONFERENCE RE ARBITRATION AND SELECTION OF ARBITRATOR)

2/24/2021: Minute Order - MINUTE ORDER (STATUS CONFERENCE RE ARBITRATION AND SELECTION OF ARBITRATOR)

Order - ORDER [PROPOSED] ORDER GRANTING JOINT STIPULATION TO CONTINUE ORDER TO SHOW CAUSE HEARING

3/25/2021: Order - ORDER [PROPOSED] ORDER GRANTING JOINT STIPULATION TO CONTINUE ORDER TO SHOW CAUSE HEARING

Minute Order - MINUTE ORDER (STATUS CONFERENCE RE ARBITRATION AND SELECTION OF ARBITRATOR)

12/7/2020: Minute Order - MINUTE ORDER (STATUS CONFERENCE RE ARBITRATION AND SELECTION OF ARBITRATOR)

Notice - NOTICE NOTICE OF ORDER GRANTING DEFENDANT DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT LLCS MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

9/28/2020: Notice - NOTICE NOTICE OF ORDER GRANTING DEFENDANT DIAMOND RESORTS U.S. COLLECTION DEVELOPMENT LLCS MOTION TO COMPEL ARBITRATION AND STAY PROCEEDINGS

Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL ARBITRATION; CASE MANAGEMENT CONF...)

9/24/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO COMPEL ARBITRATION; CASE MANAGEMENT CONF...)

Proof of Service by Mail

9/17/2020: Proof of Service by Mail

Case Management Statement

8/18/2020: Case Management Statement

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: FAILURE T...)

9/3/2020: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: FAILURE T...)

Proof of Service by Mail

8/12/2020: Proof of Service by Mail

Notice and Acknowledgment of Receipt

8/3/2020: Notice and Acknowledgment of Receipt

20 More Documents Available

 

Docket Entries

  • 05/02/2022
  • Hearing05/02/2022 at 08:30 AM in Department S27 at 275 Magnolia, Long Beach, CA 90802; Post-Arbitration Status Conference

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  • 02/09/2022
  • DocketNotice of Continuance (of Status Conference); Filed by DIAMOND RESORTS U.S. COLLECTION, DEVELOPMENT LLC (Defendant)

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  • 02/08/2022
  • Docketat 08:30 AM in Department S27, Mark C. Kim, Presiding; Post-Arbitration Status Conference - Held - Continued

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  • 02/08/2022
  • DocketMinute Order ( (Post-Arbitration Status Conference)); Filed by Clerk

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  • 12/08/2021
  • Docketat 08:30 AM in Department S27, Mark C. Kim, Presiding; Post-Arbitration Status Conference - Held - Continued

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  • 12/08/2021
  • DocketMinute Order ( (Post-Arbitration Status Conference)); Filed by Clerk

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  • 12/06/2021
  • DocketCase Management Statement; Filed by FRANK SPIZIRI (Plaintiff); JACQUELINE SPIZIRI (Plaintiff)

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  • 12/01/2021
  • DocketCase Management Statement; Filed by DIAMOND RESORTS U.S. COLLECTION, DEVELOPMENT LLC (Defendant)

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  • 09/22/2021
  • Docketat 08:30 AM in Department S27, Mark C. Kim, Presiding; Status Conference (re arbitration and Plaintiff's failure to appear) - Held

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  • 09/22/2021
  • DocketMinute Order ( (Status Conference re arbitration and Plaintiff's failure to a...)); Filed by Clerk

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26 More Docket Entries
  • 06/22/2020
  • DocketCertificate of Mailing for ((Order to Show Cause Re: Failure to File Proof of Service) of 06/22/2020); Filed by Clerk

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  • 06/22/2020
  • DocketMinute Order ( (Order to Show Cause Re: Failure to File Proof of Service)); Filed by Clerk

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  • 06/11/2020
  • DocketNotice (Notice of Case Management Conference); Filed by FRANK SPIZIRI (Plaintiff); JACQUELINE SPIZIRI (Plaintiff)

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  • 06/11/2020
  • DocketProof of Personal Service; Filed by FRANK SPIZIRI (Plaintiff); JACQUELINE SPIZIRI (Plaintiff)

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  • 04/06/2020
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 04/06/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 04/06/2020
  • DocketCivil Case Cover Sheet; Filed by FRANK SPIZIRI (Plaintiff); JACQUELINE SPIZIRI (Plaintiff)

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  • 04/06/2020
  • DocketSummons (on Complaint); Filed by FRANK SPIZIRI (Plaintiff)

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  • 04/06/2020
  • DocketComplaint; Filed by FRANK SPIZIRI (Plaintiff); JACQUELINE SPIZIRI (Plaintiff)

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  • 04/06/2020
  • DocketOrder to Show Cause Failure to File Proof of Service; Filed by Clerk

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Tentative Rulings

Case Number: *******0191    Hearing Date: September 24, 2020    Dept: S27

On 7/08/20, Defendant filed a motion to compel arbitration and accompanying declaration. The accompanying declaration bears no proof of service at all. The motion bears a “certificate of service,” which indicates the motion (but not accompanying declaration) was served on the attorneys for plaintiff. The proof of service, however, fails to comply with CCP ;1013a, which governs proof of service by mail. The proof of service does not include the “name and residence or business address of the person making the service,” etc., as required by ;1013a(a). It does not include a statement that the envelope was sealed and deposited in the mail with postage prepaid, etc., as required by ;1013a(b).

The Court notes that an e-mail address is also mentioned on the certificate of service. There is no indication, however, that the papers were actually served by e-mail, that the e-mail address was confirmed, or that the e-mail was not returned.

Absent proper service of the moving papers, the motion is summarily denied.

The Court notes that the caption of the moving papers includes, in all caps, a statement that there will be no oral argument unless ordered by the Court. The moving defendant is welcome, of course, to waive its right to oral argument. It is also welcome to submit on the tentative ruling. There is, however, no authority permitting the moving party to unilaterally waive any other party’s right to oral argument, or to require the Court to affirmatively state a desire for such argument in order to permit such argument.

The Court has a CMC scheduled contemporaneously with the hearing on this motion. The parties are reminded that the CMC is not moot in light of the above ruling, and the Court encourages the parties to appear at the CMC by remote appearance.



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