This case was last updated from Los Angeles County Superior Courts on 04/05/2021 at 05:49:48 (UTC).

IHEARTMEDIA ENTERTAINMENT INC VS ROYCE MULTIMEDIA INC ET AL

Case Summary

On 04/21/2017 IHEARTMEDIA ENTERTAINMENT INC filed a Contract - Debt Collection lawsuit against ROYCE MULTIMEDIA INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are MARC MARMARO and DAVID S. CUNNINGHAM III. The case status is Disposed - Judgment Entered.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****8871

  • Filing Date:

    04/21/2017

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Debt Collection

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MARC MARMARO

DAVID S. CUNNINGHAM III

 

Party Details

Petitioners, Plaintiffs and Not Classified By Court

KFI-AM

IHEARTMEDIA + ENTERTAINMENT INC

IHEARTMEDIA (LOS ANGELES MARKET)

IHEARTMEDIA LOS ANGELES MARKET

IHEARTMEDIA + ENTERTAINMENT INC DBA IHEARTMEDIA LOS ANGELES MARKET DBA KFI-AM

ROYCE EDWARD

Defendants, Respondents and Not Classified By Court

ROYCE MULTIMEDIA INC

ROYCE EDWARD N.

DOES 1 TO 10

ROYCE EDWARD

ROYCE EDWARD N. AKA EDWARD ROYCE

ROYCE EDWARD R. AKA EDWARD ROYCE

Attorney/Law Firm Details

Petitioner and Plaintiff Attorneys

HERZLICH ALLAN

HERZLICH ALLAN E. ESQ.

HERZLICH ALLAN E.

Defendant and Respondent Attorneys

TATE WAYNE P. ESQ.

TATE WAYNE P.

 

Court Documents

Notice of Entry of Judgment / Dismissal / Other Order - (AMENDED)

11/15/2019: Notice of Entry of Judgment / Dismissal / Other Order - (AMENDED)

Judgment - (AMENDED)

11/15/2019: Judgment - (AMENDED)

Notice - NOTICE OF RULING, ETC.

11/6/2020: Notice - NOTICE OF RULING, ETC.

Order - ORDER ORDER AMENDING JUDGMENT NUNC PRO TUNC (PROPOSED)

11/10/2020: Order - ORDER ORDER AMENDING JUDGMENT NUNC PRO TUNC (PROPOSED)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 11/19/2020

11/19/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 11/19/2020

Minute Order - MINUTE ORDER (COURT ORDER)

11/19/2020: Minute Order - MINUTE ORDER (COURT ORDER)

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ORDER CORRECTING NAME OF JUDGMENT DEBTOR)

11/4/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ORDER CORRECTING NAME OF JUDGMENT DEBTOR)

Notice Re: Continuance of Hearing and Order

10/9/2020: Notice Re: Continuance of Hearing and Order

Motion re: - MOTION RE: TO AMEND JUDGMENT, NUNC PRO TUNC, TO REFLECT CORRECT MIDDLE INITIAL AND ADD MIDDLE NAME OF JUDGMENT DEBTOR; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF ALLAN HERZL

8/25/2020: Motion re: - MOTION RE: TO AMEND JUDGMENT, NUNC PRO TUNC, TO REFLECT CORRECT MIDDLE INITIAL AND ADD MIDDLE NAME OF JUDGMENT DEBTOR; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF ALLAN HERZL

Declaration - DECLARATION OF ALLAN HERZLICH, ETC.

11/13/2019: Declaration - DECLARATION OF ALLAN HERZLICH, ETC.

Ex Parte Application - EX PARTE APPLICATION EX PARTE APPLICATION FOR ENTRY OF JUDGMENT, ETC.

11/15/2019: Ex Parte Application - EX PARTE APPLICATION EX PARTE APPLICATION FOR ENTRY OF JUDGMENT, ETC.

Notice of Entry of Judgment / Dismissal / Other Order

11/15/2019: Notice of Entry of Judgment / Dismissal / Other Order

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR ENTRY OF JUDGMENT, ETC.)

11/15/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR ENTRY OF JUDGMENT, ETC.)

Notice - NOTICE OF ENTRY OF JUDGMENT OR ORDER

11/15/2019: Notice - NOTICE OF ENTRY OF JUDGMENT OR ORDER

Judgment - JUDGMENT JUDGMENT (PROPOSED)

11/15/2019: Judgment - JUDGMENT JUDGMENT (PROPOSED)

Judgment

11/15/2019: Judgment

Notice of Change of Address or Other Contact Information

12/13/2019: Notice of Change of Address or Other Contact Information

Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)

12/18/2019: Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)

30 More Documents Available

 

Docket Entries

  • 11/19/2020
  • Docketat 1:30 PM in Department 37; Court Order

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  • 11/19/2020
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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  • 11/19/2020
  • DocketCertificate of Mailing for ((Court Order) of 11/19/2020); Filed by Clerk

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  • 11/10/2020
  • DocketOrder (ORDER AMENDING JUDGMENT NUNC PRO TUNC (Proposed)); Filed by Iheartmedia + Entertainment, Inc (Plaintiff)

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  • 11/06/2020
  • DocketNotice (of Ruling, etc.); Filed by Iheartmedia + Entertainment, Inc (Plaintiff)

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  • 11/04/2020
  • Docketat 08:30 AM in Department 37; Hearing on Motion - Other (for Order Correcting name of Judgment Debtor) - Not Held - Rescheduled by Court

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  • 11/04/2020
  • Docketat 1:30 PM in Department 37; Hearing on Motion for Order (Correcting name of Judgment Debtor) - Held

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  • 11/04/2020
  • DocketMinute Order ((Hearing on Motion for Order Correcting name of Judgment Debtor)); Filed by Clerk

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  • 10/09/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk

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  • 08/25/2020
  • DocketNotice of Motion (to Amend Judgment, Nunc Pro Tunc, to Reflect Correct Middle Initial and Add Middle Name of Judgment Debtor; Memorandum of Points and Authorities and Declaration of Allan Herzlich in Support Thereof); Filed by Iheartmedia + Entertainment, Inc (Plaintiff)

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54 More Docket Entries
  • 06/07/2017
  • DocketCross-Complaint; Filed by Edward R. Royce (Defendant)

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  • 06/07/2017
  • DocketSummons; Filed by Defendant/Respondent

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  • 06/07/2017
  • DocketANSWER TO COMPLAINT BY DEFENDANT EDWARD N. ROYCE

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  • 06/07/2017
  • DocketANSWER TO COMPLAINT BY DEFENDANT ROYCE MULTIMEDIA, INC.

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  • 06/07/2017
  • DocketAnswer; Filed by Edward R. Royce (Defendant)

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  • 06/07/2017
  • DocketSUMMONS CROSS-COMPLAINT

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  • 06/07/2017
  • DocketEDWARD N. ROYCE'S CROSS-COMPLAINT FOR RESCISSION

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  • 04/21/2017
  • DocketSUMMONS

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  • 04/21/2017
  • DocketCOMPLAINT FOR DAMAGES (OVER $25,000.00) 1. BREACH OF CONTRACT 2. QUANTUM MERUIT 3. OPEN BOOK ACCOUNT 4. BREACH OF CONTRACT

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  • 04/21/2017
  • DocketComplaint; Filed by Iheartmedia + Entertainment, Inc (Plaintiff)

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Tentative Rulings

Case Number: ****8871    Hearing Date: November 04, 2020    Dept: 37

HEARING DATE: November 4, 2020

CASE NUMBER: ****8871

CASE NAME: IHeartMedia + Entertainment, Inc., et al. v. Royce Multimedia, Inc., et al.

TRIAL DATE: Post Judgment – Stipulated Judgment entered November 15, 2019

PROOF OF SERVICE: OK

MOTION: Plaintiff’s Motion to Amend Judgment to Reflect Correct Middle Initial and Add Middle Name of Judgment Debtor

MOVING PARTY: Plaintiff, IHeartMedia + Entertainment, Inc.

OPPOSING PARTY: Defendant, Edward N. Royce

OPPOSITION: None as of November 2, 2020

REPLY: No opposition filed.

TENTATIVE: IHeart’s motion is granted. The Complaint is amended to reflect Royce’s middle initial is “R.” and the Judgment is to be amended to reflect that Royce’s middle initial is “R.” Iheart is to give notice.

Background

This is an action for breach of contract arising out of Plaintiff, IHeartMedia+ Entertainment, Inc.’s (“Iheart”) agreement with Defendant, Royce Multimedia, Inc. (“RMI”) Iheart alleges that on or about October 12, 2015, RMI contacted Iheart requesting that it perform various advertising and media services. Iheart alleged agreed to do so and subsequently submitted a Credit Application which included the terms of the various advertising and media services it would provide. The parties alleged agreed to the terms and Iheart performed al of the conditions, covenants and promises under the Credit Application. However, Iheart alleges that RMI breached the Credit Application on or about May 17, 2016 by refusing to make payments, such that $273,484.36 remains due and owing.

Iheart’s Complaint alleges the following causes of action: (1) breach of part oral, part written contract, (2) quantum meruit, (3) open book account, (4) breach of written contract against Defendant, Edward N. Royce (“Royce”).

On November 15, 2019, the parties entered a stipulated judgment in this matter. The judgment provided that it is for “Iheartmedia + Entertainment, Inc. a Nevada corporation DBA KFI-AM, DBA iHeartMedia (los Angeles Market)” and against “Royce Multimedia Inc” in the amount of $179,000 as well as “Edward N. Royce, aka Edward Royce, an individual” in the amount of $79,000. (the “Judgment”)

Plaintiff now moves to amend the Judgment to correct the listed middle name for Royce. No opposition has been filed to the instant motion.

Discussion

Code of Civil Procedure, section 116.560 provides as follows:

“(a) Whenever a claim that is filed against a person operating or doing business under a fictitious business name relates to the defendant's business, the court shall inquire at the time of the hearing into the defendant's correct legal name and the name or names under which the defendant does business. If the correct legal name of the defendant, or the name actually used by the defendant, is other than the name stated on the claim, the court shall amend the claim to state the correct legal name of the defendant, and the name or names actually used by the defendant.”

Additionally, Code of Civil Procedure section 116.630 provides as follows:

“The court may, at any time after judgment, for good cause, upon motion by a party and notice by the clerk to all affected parties at their last known address, amend the name of any party to include both the correct legal name and the actually used name or names of that party.”

Iheart requests that the court amend the Judgment to indicate that Royce’s middle name is “Rolls” and that his middle initial is therefore “R” rather than “N.” Iheart submits the declaration of its counsel, Allan Herzlich (“Herzlich”) in support of this motion.

Herzlich attests that when his office filed the Complaint, he reviewed a December 7, 2016 letter from Iheart to Royce regarding the balance owed and it appeared from this document that Royce’s middle name was “N.” (Herzlich Decl. ¶ 3, Exhibit A.) According to Herzlich, Royce thereafter signed the Stipulation to Judgment which reflected that his middle initial was “n” but did not advise that this was incorrect. (Herzlich Decl. ¶ 4, Exhibit B.) After Royce failed to make payments in accordance with a post-Judgment payment plan, Herzlich attests that he researched methods to enforce the Judgment and came upon a Grant Deed which indicates that Royce’s middle name was “Rolls.” (Herzlich Decl. ¶¶ 5-6, Exhibit C.)

Based on the Herzlich Declaration, the court finds that Iheart has demonstrated good cause to amend the Judgment.

Thus, Iheart’s motion is granted. The Judgment is to be amended to reflect that Royce’s full name is “Edward Rolls Royce” and that his middle initial is “R.”

Conclusion

Iheart’s motion is granted. The Complaint is amended to reflect Royce’s middle initial is “R.” and the Judgment is to be amended to reflect that Royce’s middle initial is “R.” Iheart is to give notice.



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