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.
Disposed - Judgment Entered
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
DAVID S. CUNNINGHAM III
IHEARTMEDIA + ENTERTAINMENT INC
IHEARTMEDIA (LOS ANGELES MARKET)
IHEARTMEDIA LOS ANGELES MARKET
IHEARTMEDIA + ENTERTAINMENT INC DBA IHEARTMEDIA LOS ANGELES MARKET DBA KFI-AM
ROYCE MULTIMEDIA INC
ROYCE EDWARD N.
DOES 1 TO 10
ROYCE EDWARD N. AKA EDWARD ROYCE
ROYCE EDWARD R. AKA EDWARD ROYCE
HERZLICH ALLAN E. ESQ.
HERZLICH ALLAN E.
TATE WAYNE P. ESQ.
TATE WAYNE P.
11/19/2020: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 11/19/2020
11/4/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR ORDER CORRECTING NAME OF JUDGMENT DEBTOR)
10/9/2020: Notice Re: Continuance of Hearing and Order
11/15/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR ENTRY OF JUDGMENT, ETC.)
12/13/2019: Notice of Change of Address or Other Contact Information
2/18/2020: Abstract of Judgment - Civil and Small Claims
3/14/2018: NOTICE OF CASE REASSIGNMENT AND OF ORDER FOR PLAINTIFF TO GIVE NOTICE
4/16/2018: Minute Order -
4/27/2018: REQUEST FOR DISMISSAL -
4/27/2018: NOTICE OF SETTLEMENT OF ENTIRE CASE
4/21/2017: SUMMONS -
6/7/2017: SUMMONS CROSS-COMPLAINT
6/7/2017: EDWARD N. ROYCE'S CROSS-COMPLAINT FOR RESCISSION
7/3/2017: NOTICE OF CASE MANAGEMENT CONFERENCE
7/12/2017: NOTICE OF CASE MANAGEMENT CONFERENCE
7/18/2017: CASE MANAGEMENT STATEMENT -
7/20/2017: CASE MANAGEMENT STATEMENT -
8/3/2017: Minute Order -
Docketat 1:30 PM in Department 37; Court OrderRead MoreRead Less
DocketMinute Order ( (Court Order)); Filed by ClerkRead MoreRead Less
DocketCertificate of Mailing for ((Court Order) of 11/19/2020); Filed by ClerkRead MoreRead Less
DocketOrder (ORDER AMENDING JUDGMENT NUNC PRO TUNC (Proposed)); Filed by Iheartmedia + Entertainment, Inc (Plaintiff)Read MoreRead Less
DocketNotice (of Ruling, etc.); Filed by Iheartmedia + Entertainment, Inc (Plaintiff)Read MoreRead Less
Docketat 08:30 AM in Department 37; Hearing on Motion - Other (for Order Correcting name of Judgment Debtor) - Not Held - Rescheduled by CourtRead MoreRead Less
Docketat 1:30 PM in Department 37; Hearing on Motion for Order (Correcting name of Judgment Debtor) - HeldRead MoreRead Less
DocketMinute Order ((Hearing on Motion for Order Correcting name of Judgment Debtor)); Filed by ClerkRead MoreRead Less
DocketNotice Re: Continuance of Hearing and Order; Filed by ClerkRead MoreRead Less
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)Read MoreRead Less
DocketCross-Complaint; Filed by Edward R. Royce (Defendant)Read MoreRead Less
DocketSummons; Filed by Defendant/RespondentRead MoreRead Less
DocketANSWER TO COMPLAINT BY DEFENDANT EDWARD N. ROYCERead MoreRead Less
DocketANSWER TO COMPLAINT BY DEFENDANT ROYCE MULTIMEDIA, INC.Read MoreRead Less
DocketAnswer; Filed by Edward R. Royce (Defendant)Read MoreRead Less
DocketSUMMONS CROSS-COMPLAINTRead MoreRead Less
DocketEDWARD N. ROYCE'S CROSS-COMPLAINT FOR RESCISSIONRead MoreRead Less
DocketSUMMONSRead MoreRead Less
DocketCOMPLAINT FOR DAMAGES (OVER $25,000.00) 1. BREACH OF CONTRACT 2. QUANTUM MERUIT 3. OPEN BOOK ACCOUNT 4. BREACH OF CONTRACTRead MoreRead Less
DocketComplaint; Filed by Iheartmedia + Entertainment, Inc (Plaintiff)Read MoreRead Less
Case Number: BC658871 Hearing Date: November 04, 2020 Dept: 37
HEARING DATE: November 4, 2020
CASE NUMBER: BC658871
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.
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.
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.”
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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