This case was last updated from Los Angeles County Superior Courts on 02/14/2022 at 07:01:20 (UTC).

JAME LONGTIN VS DAVID SALINGER

Case Summary

On 12/28/2020 JAME LONGTIN filed a Contract - Other Contract lawsuit against DAVID SALINGER. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Other.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9375

  • Filing Date:

    12/28/2020

  • Case Status:

    Other

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

LONGTIN JAME

Defendant

SALINGER DAVID

Attorney/Law Firm Details

Other Attorneys

GREEN G. RICHARD

 

Court Documents

Request for Dismissal

1/27/2022: Request for Dismissal

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT JUDGMENT; DEFAULT PR...)

12/16/2021: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT JUDGMENT; DEFAULT PR...)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT JUDGMENT; DEFAULT PR...) OF 12/16/2021

12/16/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (ORDER TO SHOW CAUSE RE: ENTRY OF DEFAULT JUDGMENT; DEFAULT PR...) OF 12/16/2021

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE AND/OR ORDER TO SHOW CAUSE RE; ENT...)

10/4/2021: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE AND/OR ORDER TO SHOW CAUSE RE; ENT...)

Declaration of Notice

11/4/2021: Declaration of Notice

Ex Parte Application - EX PARTE APPLICATION TO SET DEFAULT PROVE UP HEARING DATE

11/4/2021: Ex Parte Application - EX PARTE APPLICATION TO SET DEFAULT PROVE UP HEARING DATE

Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO SET DEFAULT PROVE UP HEARI...)

11/8/2021: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION TO SET DEFAULT PROVE UP HEARI...)

Request for Entry of Default / Judgment

8/27/2021: Request for Entry of Default / Judgment

Declaration re: Due Diligence

8/27/2021: Declaration re: Due Diligence

Proof of Service by Mail

8/27/2021: Proof of Service by Mail

Proof of Service by Substituted Service

8/27/2021: Proof of Service by Substituted Service

Request for Entry of Default / Judgment

7/26/2021: Request for Entry of Default / Judgment

Proof of Service by Substituted Service

7/26/2021: Proof of Service by Substituted Service

Proof of Mailing (Substituted Service)

7/26/2021: Proof of Mailing (Substituted Service)

Declaration re: Due Diligence

7/26/2021: Declaration re: Due Diligence

Notice of Rejection Default/Clerk's Judgment

8/3/2021: Notice of Rejection Default/Clerk's Judgment

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

8/3/2021: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; ORDER TO SHOW CAUSE RE: ENTRY OF ...)

Notice - NOTICE NOTICE OF CONTINUANCE OF CASE MANAGEMENT CONFERENCE

8/3/2021: Notice - NOTICE NOTICE OF CONTINUANCE OF CASE MANAGEMENT CONFERENCE

26 More Documents Available

 

Docket Entries

  • 01/27/2022
  • DocketRequest for Dismissal; Filed by Jame Longtin (Plaintiff)

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  • 12/16/2021
  • Docketat 08:30 AM in Department 34; Default Prove Up Hearing - Not Held - Continued - Court's Motion

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  • 12/16/2021
  • Docketat 08:30 AM in Department 34; Order to Show Cause Re: (Entry of Default Judgment) - Not Held - Continued - Court's Motion

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  • 12/16/2021
  • DocketCertificate of Mailing for ((Order to Show Cause Re: Entry of Default Judgment; Default Pr...) of 12/16/2021); Filed by Clerk

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  • 12/16/2021
  • DocketMinute Order ( (Order to Show Cause Re: Entry of Default Judgment; Default Pr...)); Filed by Clerk

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  • 11/15/2021
  • Docketat 09:30 AM in Department 34; Order to Show Cause Re: (Entry of Default Judgment) - Not Held - Continued - Party's Motion

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  • 11/08/2021
  • Docketat 08:30 AM in Department 34; Hearing on Ex Parte Application (to Set Default Prove Up Hearing Date) - Held - Motion Granted

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  • 11/08/2021
  • DocketMinute Order ( (Hearing on Ex Parte Application to Set Default Prove Up Heari...)); Filed by Clerk

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  • 11/04/2021
  • DocketDeclaration of Notice; Filed by Jame Longtin (Plaintiff)

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  • 11/04/2021
  • DocketEx Parte Application (to Set Default Prove Up Hearing Date); Filed by Jame Longtin (Plaintiff)

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29 More Docket Entries
  • 04/27/2021
  • DocketCertificate of Mailing for ((Case Management Conference) of 04/27/2021); Filed by Clerk

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  • 04/27/2021
  • DocketMinute Order ( (Case Management Conference)); Filed by Clerk

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  • 02/24/2021
  • DocketNotice of Rejection Default/Clerk's Judgment; Filed by Clerk

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  • 02/22/2021
  • DocketRequest for Entry of Default / Judgment; Filed by Jame Longtin (Plaintiff)

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  • 01/13/2021
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 01/06/2021
  • DocketProof of Service by Substituted Service; Filed by Jame Longtin (Plaintiff)

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  • 12/28/2020
  • DocketCivil Case Cover Sheet; Filed by Jame Longtin (Plaintiff)

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  • 12/28/2020
  • DocketSummons (on Complaint); Filed by Jame Longtin (Plaintiff)

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  • 12/28/2020
  • DocketComplaint; Filed by Jame Longtin (Plaintiff)

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  • 12/28/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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Tentative Rulings

b'

Case Number: *******9375 Hearing Date: December 16, 2021 Dept: 34

PLAINTIFF’S REQUEST FOR ENTRY OF DEFAULT JUDGMENT

I. BACKGROUND

Registered domestic partners acquired the Subject Property in 2014 and agreed to share all the costs, expenses, and income from the Property equally. (Complaint, ¶¶ 2, 5.) In July 2019 the Subject Property “flooded and sustained significant damage. (Complaint, ¶ 6.) Plaintiff alleges that State Farm Insurance paid Defendant an unknown sum that Defendant has not used to repair the property. (Id.)

On December 28, 2020, Plaintiff filed a complaint against Defendant for breach of contract, accounting, breach of fiduciary duty, conversion, money had and received and constructive trust.

On August 27, 2021, Plaintiff James Longtin filed a request for entry of default judgment in the present case. No opposition has been filed.

II. ANALYSIS

Plaintiff’s Request for Entry of Default Judgement is DENIED.

On November 8, 2021, the Court advised Plaintiff to file his default prove-up package. He has not done so.

Plaintiff has filed none of the documents necessary for the Court to grant his request for a default prove-up. Plaintiff has not filed a Summary of the Case, a Memorandum of Costs, interest computations, an attorney’s fees declaration or any evidence whatsoever.

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b'

Case Number: *******9375 Hearing Date: August 3, 2021 Dept: 34

The first Case Management Conference was held on April 27, 2021. Plaintiff’s counsel failed to file a Case Management Statement, and failed to appear. The Court continued the CMC and scheduled an OSC re sanctions for counsel’s failure to appear and failure to file his CMS.

At the second CMC on June 1, 2021, Plaintiffs counsel stated he had been unaware that the Court had twice rejected his requests for Entry of Default. The Court vacated the OSC re sanctions, and continued the CMC and/or OSC re Entry of Default. The Court also ordered counsel to file a new, timely updated CMS prior to the next hearing.

Plaintiff’s counsel has not entered default against defendant and had failed to file a timely CMS for this third CMC. The Court imposes sanctions of $200 on Plaintiff’s counsel to be paid to the Court within 30 days.

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