This case was last updated from Los Angeles County Superior Courts on 08/31/2021 at 02:38:42 (UTC).

GARY EISENBERG VS HILLARY COPELAND ET AL

Case Summary

On 05/24/2017 GARY EISENBERG filed a Personal Injury - Motor Vehicle lawsuit against HILLARY COPELAND. This case was filed in Los Angeles County Superior Courts, Van Nuys Courthouse East located in Los Angeles, California. The Judges overseeing this case are STEPHEN I. GOORVITCH, SHIRLEY K. WATKINS, VALERIE SALKIN and HUEY P. COTTON. The case status is Other.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****2539

  • Filing Date:

    05/24/2017

  • Case Status:

    Other

  • Case Type:

    Personal Injury - Motor Vehicle

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

STEPHEN I. GOORVITCH

SHIRLEY K. WATKINS

VALERIE SALKIN

HUEY P. COTTON

 

Party Details

Petitioner and Plaintiff

EISENBERG GARY

Respondents and Defendants

COPELAND REGAN

COPELAND HILLARY

DOES 1 THROUGH 50

Attorney/Law Firm Details

Petitioner and Plaintiff Attorney

YAGOUBZADEH JONATHAN M.

Respondent and Defendant Attorneys

RODRIGUEZ WALTER A. ESQ.

LIEBHABER JACK M. ESQ.

LIEBHABER JACK MITCHELL

 

Court Documents

Request for Dismissal

8/26/2021: Request for Dismissal

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION TO ENFORCE SETTLEMENT) OF 08/03/2021

8/3/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (HEARING ON MOTION TO ENFORCE SETTLEMENT) OF 08/03/2021

Minute Order - MINUTE ORDER (HEARING ON MOTION TO ENFORCE SETTLEMENT)

8/3/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION TO ENFORCE SETTLEMENT)

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE WIL S. WILCOX, CSR #9178

8/3/2021: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore - ORDER APPOINTING COURT APPROVED REPORTER AS OFFICIAL REPORTER PRO TEMPORE WIL S. WILCOX, CSR #9178

Order - ORDER DENYING WITHOUT PREJUDICE MOTION TO ENFORCE SETTLEMENT

8/3/2021: Order - ORDER DENYING WITHOUT PREJUDICE MOTION TO ENFORCE SETTLEMENT

Notice - NOTICE DEFENDANTS NOTICE OF NON-OPPOSITION BY PLAINTIFF GARY EISENBERG TO MOTION TO ENFORCE SETTLEMENT

7/28/2021: Notice - NOTICE DEFENDANTS NOTICE OF NON-OPPOSITION BY PLAINTIFF GARY EISENBERG TO MOTION TO ENFORCE SETTLEMENT

Declaration - DECLARATION IN SUPPORT OF PLAINTIFF'S REQUEST TO CONTINUE AUGUST 3, 2021 HEARING RE MOTION TO ENFORCE SETTLEMENT

7/30/2021: Declaration - DECLARATION IN SUPPORT OF PLAINTIFF'S REQUEST TO CONTINUE AUGUST 3, 2021 HEARING RE MOTION TO ENFORCE SETTLEMENT

Notice Re: Continuance of Hearing and Order

1/15/2021: Notice Re: Continuance of Hearing and Order

Minute Order - MINUTE ORDER (COURT ORDER (RE: MANDATORY SETTLEMENT CONFERENCE))

2/2/2021: Minute Order - MINUTE ORDER (COURT ORDER (RE: MANDATORY SETTLEMENT CONFERENCE))

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER (RE: MANDATORY SETTLEMENT CONFERENCE)) OF 02/02/2021

2/2/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER (RE: MANDATORY SETTLEMENT CONFERENCE)) OF 02/02/2021

Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

2/2/2021: Minute Order - MINUTE ORDER (TRIAL SETTING CONFERENCE)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR [MINUTE ORDER (COURT ORDER (RE: MANDATORY SETTLEMENT CONFERENCE))]

2/17/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR [MINUTE ORDER (COURT ORDER (RE: MANDATORY SETTLEMENT CONFERENCE))]

Brief - BRIEF DEFENDANT'S MANDATORY SETTLEMENT CONFERENCE BRIEF

2/25/2021: Brief - BRIEF DEFENDANT'S MANDATORY SETTLEMENT CONFERENCE BRIEF

Brief - BRIEF MANDATORY SETTLEMENT CONFERENCE BRIEF

2/26/2021: Brief - BRIEF MANDATORY SETTLEMENT CONFERENCE BRIEF

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW (RE: MSC IN C))

3/4/2021: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW (RE: MSC IN C))

Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER)

3/4/2021: Minute Order - MINUTE ORDER (NUNC PRO TUNC ORDER)

Minute Order - MINUTE ORDER (MANDATORY SETTLEMENT CONFERENCE (MSC))

3/4/2021: Minute Order - MINUTE ORDER (MANDATORY SETTLEMENT CONFERENCE (MSC))

Notice Re: Continuance of Hearing and Order

4/23/2021: Notice Re: Continuance of Hearing and Order

68 More Documents Available

 

Docket Entries

  • 08/26/2021
  • DocketRequest for Dismissal; Filed by Regan Copeland (Defendant)

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  • 08/24/2021
  • Docketat 08:30 AM in Department T, Shirley K. Watkins, Presiding; Trial Setting Conference - Not Held - Advanced and Continued - by Court

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  • 08/03/2021
  • Docketat 08:30 AM in Department T, Shirley K. Watkins, Presiding; Hearing on Motion to Enforce Settlement - Held

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  • 08/03/2021
  • DocketOrder (Denying Without Prejudice Motion to Enforce Settlement); Filed by Clerk

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  • 08/03/2021
  • DocketOrder Appointing Court Approved Reporter as Official Reporter Pro Tempore (Wil S. Wilcox, CSR #9178); Filed by Hillary Copeland (Defendant); Regan Copeland (Defendant)

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  • 08/03/2021
  • DocketMinute Order ( (Hearing on Motion to Enforce Settlement)); Filed by Clerk

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  • 08/03/2021
  • DocketCertificate of Mailing for ((Hearing on Motion to Enforce Settlement) of 08/03/2021); Filed by Clerk

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  • 07/30/2021
  • DocketDeclaration (In Support of Plaintiff's Request to Continue August 3, 2021 Hearing Re Motion To Enforce Settlement); Filed by Gary Eisenberg (Plaintiff)

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  • 07/28/2021
  • DocketNotice (Defendants Notice of Non-opposition by Plaintiff Gary Eisenberg to Motion to Enforce Settlement); Filed by Hillary Copeland (Defendant); Regan Copeland (Defendant)

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  • 07/06/2021
  • DocketMotion to Enforce Settlement; Filed by Regan Copeland (Defendant)

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128 More Docket Entries
  • 04/03/2018
  • DocketProof of Service by Substituted Service

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  • 04/03/2018
  • DocketProof of Personal Service

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  • 04/03/2018
  • DocketProof-Service/Summons; Filed by Gary Eisenberg (Plaintiff)

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  • 05/24/2017
  • DocketComplaint; Filed by Gary Eisenberg (Plaintiff)

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  • 05/24/2017
  • DocketReceipt; Filed by Gary Eisenberg (Plaintiff)

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  • 05/24/2017
  • DocketNotice; Filed by Gary Eisenberg (Plaintiff)

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  • 05/24/2017
  • DocketCOMPLAINT FOR DAMAGES FOR 1) NEGLIGENCE; ETC

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  • 05/24/2017
  • DocketCIVIL DEPOSIT

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  • 05/24/2017
  • DocketPLAINTIFF'S NOTICE OF POSTING JURY FEES

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  • 05/24/2017
  • DocketSUMMONS

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Tentative Rulings

b'

Case Number: ****2539 Hearing Date: August 3, 2021 Dept: T

GARY EISENBERG,

Plaintiff,

vs.

HILLARY COPELAND, et al.

Defendants.

CASE NO: ****2539

[TENTATIVE] ORDER RE:

MOTION TO ENFORCE SETTLEMENT

Dept. T

8:30 a.m.

August 3, 2021

[TENTATIVE] ORDER: The Motion to Enforce Settlement is DENIED WITHOUT PREJUDICE.

  1. INTRODUCTION

    On July 6, 2021, Defendant Regan Copeland (“Defendant”) filed a motion to enforce settlement. The motion seeks an order dismissing the case pursuant to the settlement entered on record at the Mandatory Settlement Conference on March 4, 2021, and the signed stipulated settlement agreement entered into between Plaintiff and Defendant dated March 12, 2021.

  2. DISCUSSION

    CCP section 664.6 provides that “[i]f the parties to pending litigation stipulate, in a writing signed by the parties outside the presence of the court or orally before the court, for a settlement of the case, or part thereof, the court, upon motion, may enter judgment pursuant to the terms of the settlement.” (Code Civ. Proc., ; 664.6.)

    Here, there are three potential bases for this motion:

    A. “ORALLY BEFORE THE COURT”

    The parties entered into an oral stipulation before the Court whereby Defendant agreed to pay Plaintiff a total of $29,000.00 to cover any and all medical costs and each side agreed to bear their own costs and attorney fees. (Motion, Liebhaber Decl., ¶ 2, Ex. A.) This is reflected in the minutes of the court on 3/4/202. While the parties’ oral stipulation complies with CCP section 664.6 and thus can be enforced pursuant to section 664.6, the oral stipulation does not provide for terms of dismissal. As the oral stipulation does not provide for terms of dismissal, this Court cannot issue a court order enforcing the settlement by dismissing this matter. The Court notes that the only way to enforce the parties’ oral stipulation is to enter judgment in favor of Plaintiff and against Defendant for $29,000.00 and a waiver of costs, which is not what Defendant is seeking by way of this motion to enforce settlement.

    B. “IN A WRITING SIGNED BY THE PARTIES”

    Defendant’s counsel also put the settlement agreement in writing, which was signed by Plaintiff and Plaintiff’s counsel on March 12, 2021. (Id., ¶ 4, Ex. C.) The written agreement confirms that the parties agreed Defendant would pay $29,000.00 to Plaintiff. (Id., Ex. C, Settlement Agreement, Settlement Terms, ¶¶ 1-2.) The written agreement also provides that the settlement amount “shall be delivered to Plaintiff’s attorney after receipt by defense counsel of the executed Settlement Agreement and executed dismissal” and that “[a]ll settlement payments will be held in trust by Plaintiff’s counsel until the Request for Dismissal of the entire action with prejudice as against Defendants has been filed with the Court.” (Id., Ex. C, Settlement Agreement, Settlement Terms, ¶ 4.) The Court finds the written settlement agreement does not comply with CCP section 664.6 requirements. CCP section 664.6 requires a written settlement to be signed by the parties. (Code Civ. Proc., ; 664.6.) The written agreement was only signed by Plaintiff and not Defendant. The written agreement thus cannot be enforced pursuant to CCP section 664.6.

    C. ENTRY OF JUDGMENT AND SATISFACTION

    Finally, if Defendant paid the $29,000.00, then the Court could enforce the settlement by dismissing the case (i.e. entering judgment in favor of Plaintiff in the amount of $29,000.00 with waiver of costs per the parties’ oral stipulation and then finding that the judgment has been satisfied such that the case can be dismissed.) This could be a potential way for the case to be resolved and for Defendant to get the dismissal sought. However, Defendant would have to provide evidence that payment was tendered to Plaintiff/Plaintiff’s counsel, which was not done with respect to this motion.

    Based on the evidence submitted, accordingly, the motion to enforce settlement is denied without prejudice.

IT IS SO ORDERED, ____________________ TO GIVE NOTICE.

'


Case Number: ****2539    Hearing Date: December 18, 2019    Dept: 5

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES – CENTRAL DISTRICT

GARY EISENBERG,

Plaintiff,

v.

HILLARY COPELAND, et al.,

Defendants.

Case No.: ****2539

ORDER TRANSFERRING COMPLICATED PERSONAL INJURY (PI) CASE TO AN INDEPENDENT CALENDAR (IC) COURT

After review of the court file, the Court makes the following order:

Department 5 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 transferred to THE NORTHWEST DISTRICT, JUDGE HUEY P. COTTON presiding in DEPT. A of the VAN NUYS Courthouse, for further assignment to an Independent Calendar Courtroom.

Any pending motions or hearings, including trial and status conferences, will be reset, continued or vacated at the direction of the newly assigned Independent Calendar court.

PlaintiffS shall give notice to all parties of record.

DATED: December 17, 2019 ___________________________

Stephen I. Goorvitch

Judge of the Superior Court



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