This case was last updated from Los Angeles County Superior Courts on 07/16/2019 at 01:35:01 (UTC).

GARDENA VALLEY VS JAMES CLARK

Case Summary

On 04/10/2018 GARDENA VALLEY filed a Contract - Business lawsuit against JAMES CLARK. This case was filed in Los Angeles County Superior Courts, Torrance Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2807

  • Filing Date:

    04/10/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Business

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Torrance Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiffs

GARDENA VALLEY YOUNG WOMEN'S

WOMEN'S GARDENA VALLEY YOUNG

Defendants

JOHNSON ALONZO

JOHNSON JOHNALL

DOES 1 TO 50

CLARK JAMES

ZACHARY HENRY

Attorney/Law Firm Details

Plaintiff Attorneys

CHERISSE LANIER

LANIER CHERISSE

 

Court Documents

Notice of Case Management Conference

4/10/2018: Notice of Case Management Conference

Complaint

4/10/2018: Complaint

Summons

4/10/2018: Summons

Civil Case Cover Sheet

4/10/2018: Civil Case Cover Sheet

Legacy Document

4/27/2018: Legacy Document

Legacy Document

5/7/2018: Legacy Document

Case Management Statement

9/12/2018: Case Management Statement

Minute Order

9/13/2018: Minute Order

Notice of Case Reassignment and Order for Plaintiff to Give Notice

8/17/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice

Proof of Service by Mail

9/12/2018: Proof of Service by Mail

Case Management Statement

9/12/2018: Case Management Statement

Notice of Case Reassignment and Order for Plaintiff to Give Notice

12/27/2018: Notice of Case Reassignment and Order for Plaintiff to Give Notice

 

Docket Entries

  • 12/27/2018
  • Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 09/17/2018
  • at 08:30 AM in Department B; Unknown Event Type

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  • 09/13/2018
  • at 08:30 AM in Department B; Case Management Conference (Conference-Case Management; Matter continued) -

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  • 09/13/2018
  • Minute order entered: 2018-09-13 00:00:00; Filed by Clerk

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  • 09/12/2018
  • Case Management Statement

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  • 09/12/2018
  • Proof of Service by Mail

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  • 09/12/2018
  • Proof of Service (not Summons and Complaint); Filed by GARDENA VALLEY YOUNG WOMEN'S (Plaintiff)

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  • 09/12/2018
  • Case Management Statement; Filed by GARDENA VALLEY YOUNG WOMEN'S (Plaintiff)

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  • 08/17/2018
  • Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 08/17/2018
  • Notice of Case Reassignment and Order for Plaintiff to Give Notice; Filed by Clerk

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  • 08/17/2018
  • Notice of Case Reassignment and Order for Plaintiff to Give Notice

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  • 05/07/2018
  • Proof-Service/Summons; Filed by GARDENA VALLEY YOUNG WOMEN'S (Plaintiff)

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  • 05/07/2018
  • Proof-Service/Summons; Filed by GARDENA VALLEY YOUNG WOMEN'S (Plaintiff)

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  • 04/30/2018
  • Proof-Service/Summons; Filed by GARDENA VALLEY YOUNG WOMEN'S (Plaintiff)

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  • 04/27/2018
  • Proof-Service/Summons; Filed by GARDENA VALLEY YOUNG WOMEN'S (Plaintiff)

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  • 04/10/2018
  • Notice of Case Management Conference; Filed by Clerk

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  • 04/10/2018
  • Summons; Filed by null

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  • 04/10/2018
  • Complaint; Filed by GARDENA VALLEY YOUNG WOMEN'S (Plaintiff)

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  • 04/10/2018
  • Civil Case Cover Sheet; Filed by GARDENA VALLEY YOUNG WOMEN'S (Plaintiff)

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Tentative Rulings

Case Number: YC072807    Hearing Date: November 08, 2019    Dept: SWB

Superior Court of California

County of Los Angeles

Southwest District

Torrance Dept. B

GARDENA VALLEY YOUNG WOMEN’S CHRISTIAN ASSOCIATION,

Plaintiff,

Case No.:

YC072807

vs.

[Tentative] RULING

JAMES CLARK, et al.,

Defendants.

Hearing Date: November 8, 2019

Moving Parties: Defendant James Clark

Responding Party: None

Motion to Continue Final Status Conference and Trial

The court considered the moving papers.

RULING

The motion to continue FSC and trial is DENIED AS MOOT.

BACKGROUND

On April 10, 2018, Gardena Valley Young Women’s Christian Association filed a complaint against James Clark, Henry Zachary, Johnall Johnson, and Alonzo Johnson for (10 breach of fiduciary duty, (2) aiding and abetting a breach of fiduciary duty, (3) self-dealing, (4) unjust enrichment, (5) breach of charitable trust, (6) unfair competition, and (7) negligence. Plaintiff alleges that defendants were removed from the board of directors of Gardena Valley YWCA when a new board was elected on July 5, 2016. Defendants refused to relinquish control of the following assets, including keys, corporate record book, corporate minute book, treasurer’s reports, and corporate checkbooks. They also caused the amount of $115,703 to be wrongfully withdrawn.

LEGAL AUTHORITY

Pursuant to CRC Rule 3.1332, “(a) To ensure the prompt disposition of civil cases, the dates assigned for a trial are firm. All parties and their counsel must regard the date set for trial as certain. (b) A party seeking a continuance of the date set for trial, whether contested or uncontested or stipulated to by the parties, must make the request for a continuance by a noticed motion or an ex parte application under the rules in chapter 4 of this division, with supporting declarations. The party must make the motion or application as soon as reasonably practical once the necessity for the continuance is discovered. (c) Although continuances of trials are disfavored, each request for a continuance must be considered on its own merits. The court may grant a continuance only on an affirmative showing of good cause requiring the continuance. . . .”

CRC Rule 3.1332(d) sets forth other factors that are relevant in determining whether to grant a continuance.

DISCUSSION

In a motion filed on October 11, 2019, defendant James Clark requests that the court continue the trial date.

On September 13, 2018, the court set a five-day jury trial for October 22, 2019. At the FSC on October 15, 2019, there was no appearance by or for defendants. Defense counsel had called the clerk to indicate there was a medical problem that morning. The court also noted that there did not appear to be any responsive pleadings by any defendants. On the court’s own motion, the trial date of October 22, 2019, was advanced and vacated. A CMC was set for the herein hearing date.

Accordingly, the motion is DENIED AS MOOT.