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This case was last updated from Los Angeles County Superior Courts on 04/04/2020 at 03:56:57 (UTC).

JAMES ERIC KIRKLAND VS PHILIP CANCILA

Case Summary

On 09/09/2019 JAMES ERIC KIRKLAND filed a Contract - Business lawsuit against PHILIP CANCILA. 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:

    *******1787

  • Filing Date:

    09/09/2019

  • Case Status:

    Other

  • Case Type:

    Contract - Business

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

KIRKLAND ERIC

Defendant

CANCILA PHILIP

Attorney/Law Firm Details

Plaintiff Attorneys

PRYBYLO GARRETT M.

SEYFNIA FARZAD

PRYBYLO GARRETT MICHAEL

Defendant Attorney

RICE RICHARD

 

Court Documents

Notice of Outgoing Transfer

3/16/2020: Notice of Outgoing Transfer

Receipt for Transmitted Record

3/16/2020: Receipt for Transmitted Record

Declaration - DECLARATION OF EDWARD GULIAN IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO CHANGE VENUE

1/22/2020: Declaration - DECLARATION OF EDWARD GULIAN IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO CHANGE VENUE

Declaration - DECLARATION OF NICHOLAS PIERONI IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO CHANGE VENUE

1/22/2020: Declaration - DECLARATION OF NICHOLAS PIERONI IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO CHANGE VENUE

Declaration - DECLARATION OF CHERI HEBERLING IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO CHANGE VENUE

1/22/2020: Declaration - DECLARATION OF CHERI HEBERLING IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO CHANGE VENUE

Declaration - DECLARATION OF BLAED GERHART IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO CHANGE VENUE

1/22/2020: Declaration - DECLARATION OF BLAED GERHART IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO CHANGE VENUE

Case Management Statement

11/25/2019: Case Management Statement

Notice and Acknowledgment of Receipt

12/5/2019: Notice and Acknowledgment of Receipt

Notice of Motion - NOTICE OF MOTION AMENDED NOTICE OF MOTION TO CHANGE VENUE [C.C.P. 395] AND FOR SANCTIONS

12/16/2019: Notice of Motion - NOTICE OF MOTION AMENDED NOTICE OF MOTION TO CHANGE VENUE [C.C.P. 395] AND FOR SANCTIONS

Notice - NOTICE OF CONTINUED CASE MANAGEMENT CONFERENCE

12/16/2019: Notice - NOTICE OF CONTINUED CASE MANAGEMENT CONFERENCE

Substitution of Attorney

1/2/2020: Substitution of Attorney

Exhibit List - COMPENDIUM OF EVIDENCE IN SUPPORT OF OPPOSITION TO DEFENDANTS MOTION TO CHANGE VENUE AND FOR SANCTIONS

1/15/2020: Exhibit List - COMPENDIUM OF EVIDENCE IN SUPPORT OF OPPOSITION TO DEFENDANTS MOTION TO CHANGE VENUE AND FOR SANCTIONS

Declaration - DECLARATION DECLARATION OF ERIC KIRKLAND

1/16/2020: Declaration - DECLARATION DECLARATION OF ERIC KIRKLAND

Case Management Statement

1/16/2020: Case Management Statement

Order to Show Cause Failure to File Proof of Service

9/10/2019: Order to Show Cause Failure to File Proof of Service

Summons - SUMMONS ON COMPLAINT

9/10/2019: Summons - SUMMONS ON COMPLAINT

Civil Case Cover Sheet

9/10/2019: Civil Case Cover Sheet

Notice of Case Assignment - Unlimited Civil Case

9/9/2019: Notice of Case Assignment - Unlimited Civil Case

32 More Documents Available

 

Docket Entries

  • 03/30/2020
  • Docketat 08:30 AM in Department 58; Hearing on Motion for Change of Venue - Not Held - Advanced and Continued - by Court

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  • 03/16/2020
  • DocketReceipt for Transmitted Record; Filed by Clerk

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  • 03/16/2020
  • DocketNotice of Outgoing Transfer; Filed by Clerk

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  • 01/29/2020
  • Docketat 08:30 AM in Department 58; Hearing on Motion for Change of Venue - Held

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  • 01/29/2020
  • Docketat 08:30 AM in Department 58; Case Management Conference - Held

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  • 01/29/2020
  • DocketMinute Order ( (Hearing on Defendant Philip Cancila's Motion for Change of Ve...)); Filed by Clerk

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  • 01/29/2020
  • DocketCertificate of Mailing for ((Hearing on Defendant Philip Cancila's Motion for Change of Ve...) of 01/29/2020); Filed by Clerk

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  • 01/29/2020
  • DocketNotice of Posting of Jury Fees; Filed by Philip Cancila (Defendant)

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  • 01/29/2020
  • DocketNotice of Posting of Jury Fees; Filed by Eric Kirkland (Plaintiff)

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  • 01/22/2020
  • DocketDeclaration (OF SARAH OTT IN SUPPORT OF REPLY TO OPPOSITION TO MOTION TO CHANGE VENUE); Filed by Philip Cancila (Defendant)

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29 More Docket Entries
  • 12/05/2019
  • DocketCase Management Statement; Filed by Eric Kirkland (Plaintiff)

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  • 12/05/2019
  • DocketNotice and Acknowledgment of Receipt; Filed by Eric Kirkland (Plaintiff)

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  • 11/26/2019
  • DocketMotion to Transfer (Change Venue [C.C.P. 395]); Filed by Philip Cancila (Defendant)

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  • 11/25/2019
  • DocketCase Management Statement; Filed by Philip Cancila (Defendant)

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  • 09/10/2019
  • DocketCivil Case Cover Sheet; Filed by Eric Kirkland (Plaintiff)

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  • 09/10/2019
  • DocketOrder to Show Cause Failure to File Proof of Service; Filed by Clerk

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  • 09/10/2019
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 09/10/2019
  • DocketSummons (on Complaint); Filed by Eric Kirkland (Plaintiff)

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  • 09/09/2019
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 09/09/2019
  • DocketComplaint; Filed by Eric Kirkland (Plaintiff)

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Tentative Rulings

Case Number: 19STCV31787    Hearing Date: January 29, 2020    Dept: 58

Judge John P. Doyle

Department 58

Hearing Date: January 29, 2020

Case Name: Kirkland v. Cancila, et al.

Case No.: 19STCV31787

Motion: Motion to Transfer Venue

Moving Party: Defendant Philip Cancila

Responding Party: Plaintiff Eric Kirkland

Tentative Ruling: The Motion to Transfer Venue is granted.

On September 9, 2019, Plaintiff filed the operative Complaint for (1) breach of contract, (2) breach of contract, (3) breach of covenant of good faith and fair dealing, and (4) declaratory relief.

Defendant Philip Cancila seeks to transfer venue to the County of Santa Clara where he resides.

Code Civ. Proc. § 395(a) states,

Except as otherwise provided by law and subject to the power of the court to transfer actions or proceedings as provided in this title, the superior court in the county where the defendants or some of them reside at the commencement of the action is the proper court for the trial of the action. . . . Subject to subdivision (b), if a defendant has contracted to perform an obligation in a particular county, the superior court in the county where the obligation is to be performed, where the contract in fact was entered into, or where the defendant or any defendant resides at the commencement of the action is a proper court for the trial of an action founded on that obligation, and the county where the obligation is incurred is the county where it is to be performed, unless there is a special contract in writing to the contrary. . . .

Plaintiff concedes that Defendant resides in the County of Santa Clara, but argues that venue is proper in the County of Los Angeles because both the investment and operating agreements which are the subject of his first and second causes of action were executed or meant to be performed in Los Angeles.

For the purposes of this Motion only, the Court notes Defendant Cancila’s testimony that the July 2019 operating agreement that is the subject of the second cause of action (Compl. ¶ 24) was never executed (Cancila Decl. ¶ 4.)

Because venue for the second cause of action would, therefore, be proper only in the County of Santa Clara which is Defendant’s residence, the Motion to Transfer Venue is granted. (Brown v. Superior Court (1984) 37 Cal.3d 477, 488 [“In cases with mixed causes of action, a motion for change of venue must be granted on the entire complaint if the defendant is entitled to a change of venue on any one cause of action.”].) The Court respectfully declines to award Defendant’s fees and costs for the Motion. (Code Civ. Proc. § 396b(b).)

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