This case was last updated from Los Angeles County Superior Courts on 07/19/2019 at 02:00:25 (UTC).

LARRY HERNANDEZ VS TAPIA ENTERPRISES INC ET AL

Case Summary

On 03/09/2018 a Contract - Other Contract case was filed by LARRY HERNANDEZ against TAPIA ENTERPRISES INC in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7350

  • Filing Date:

    03/09/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff and Petitioner

HERNANDEZ LARRY

Defendants and Respondents

TAPIA BROTHERS

DOES 1 THROUGH 10

TAPIA ENTERPRISES INC.

TAPIA ENTERPRISES INC. DBA TAPIA BROTHERS

BROTHERS TAPIA

 

Court Documents

OPPOSITION BY PLAINTIFF TO DEMURRER BROUGHT BY DEFENDANTS; MEMORANDUM OF POINTS AND AUTHORITIES

5/10/2018: OPPOSITION BY PLAINTIFF TO DEMURRER BROUGHT BY DEFENDANTS; MEMORANDUM OF POINTS AND AUTHORITIES

Minute Order

5/25/2018: Minute Order

CIVIL DEPOSIT

6/26/2018: CIVIL DEPOSIT

CASE MANAGEMENT STATEMENT

6/26/2018: CASE MANAGEMENT STATEMENT

NOTICE OF POSTING JURY FEES

6/26/2018: NOTICE OF POSTING JURY FEES

CROSS-COMPLAINT FOR IMPLIED INDEMNITY, EQUITABLE INDEMNITY AND DECLARATORY RELIEF

7/2/2018: CROSS-COMPLAINT FOR IMPLIED INDEMNITY, EQUITABLE INDEMNITY AND DECLARATORY RELIEF

NOTICE RE; CONTINUANCE OF HEARING

7/5/2018: NOTICE RE; CONTINUANCE OF HEARING

SUMMONS CROSS-COMPLAINT

7/6/2018: SUMMONS CROSS-COMPLAINT

Minute Order

8/3/2018: Minute Order

PROOF OF SERVICE OF SUMMONS

8/22/2018: PROOF OF SERVICE OF SUMMONS

Minute Order

2/14/2019: Minute Order

Declaration

3/28/2019: Declaration

Minute Order

3/29/2019: Minute Order

Proof of Service (not Summons and Complaint)

4/2/2019: Proof of Service (not Summons and Complaint)

Notice of Ruling

4/2/2019: Notice of Ruling

Minute Order

5/15/2019: Minute Order

DEFENDANT'S NOTICE OF HEARING ON DEMURRER AND DEMURRER TO THE COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

4/13/2018: DEFENDANT'S NOTICE OF HEARING ON DEMURRER AND DEMURRER TO THE COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

VERIFIED COMPLAINT FOR: 1)BREACH OF CONTRACT; ETC

3/9/2018: VERIFIED COMPLAINT FOR: 1)BREACH OF CONTRACT; ETC

20 More Documents Available

 

Docket Entries

  • 05/28/2019
  • at 09:30 AM in Department 56; Jury Trial - Not Held - Advanced and Continued - by Court

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  • 05/15/2019
  • at 09:00 AM in Department 56; Informal Discovery Conference (IDC) - Held

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  • 05/15/2019
  • Minute Order ( (Informal Discovery Conference (IDC))); Filed by Clerk

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  • 05/14/2019
  • at 08:32 AM in Department 56; Final Status Conference - Not Held - Advanced and Continued - by Court

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  • 04/02/2019
  • Notice of Ruling; Filed by Tapia Enterprises, Inc. (Defendant)

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  • 04/02/2019
  • Proof of Service (not Summons and Complaint) (Corrected proof of Service of Notice of Ruling); Filed by Tapia Enterprises, Inc. (Defendant)

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  • 03/29/2019
  • at 08:30 AM in Department 56; Hearing on Ex Parte Application ( to Continue Trial; Decl of Rybarczyk & Proposed Order) - Held - Motion Granted

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  • 03/29/2019
  • Ex Parte Application (Ex Parte App of Defendant to Continue Trial; Decl of Rybarczyk & Proposed Order); Filed by Tapia Enterprises, Inc. (Defendant)

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  • 03/29/2019
  • Minute Order ( (Hearing on Ex Parte Application to Continue Trial; Decl of R...)); Filed by Clerk

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  • 03/28/2019
  • Declaration (Declaration re Ex Parte Notice); Filed by Tapia Enterprises, Inc. (Defendant)

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48 More Docket Entries
  • 04/13/2018
  • Declaration; Filed by Tapia Enterprises, Inc. (Defendant)

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  • 04/10/2018
  • Proof of Service (not Summons and Complaint); Filed by Larry Hernandez (Plaintiff)

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  • 04/10/2018
  • PROOF OF SERVICE SUMMONS

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  • 03/12/2018
  • Notice of Case Management Conference; Filed by Clerk

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  • 03/12/2018
  • ORDER TO SHOW CAUSE HEARING

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  • 03/12/2018
  • NOTICE OF CASE MANAGEMENT CONFERENCE

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  • 03/12/2018
  • OSC-Failure to File Proof of Serv; Filed by Clerk

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  • 03/09/2018
  • Complaint; Filed by Larry Hernandez (Plaintiff)

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  • 03/09/2018
  • SUMMONS

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  • 03/09/2018
  • VERIFIED COMPLAINT FOR: 1)BREACH OF CONTRACT; ETC

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Tentative Rulings

Case Number: BC697350    Hearing Date: December 27, 2019    Dept: 56

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF LOS ANGELES - CENTRAL DISTRICT

LARRY HERNANDEZ, etc.,

Plaintiff,

vs.

TAPIA ENTERPRISES, INC., etc., et al.,

Defendants.

CASE NO.: BC697350

[TENTATIVE] ORDER RE: MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION

Date: December 27, 2019

Time: 8:30 a.m.

Dept. 56

Jury Trial: February 10, 2020

MOVING PARTY: Defendant Tapia Enterprises, Inc.

The Court has considered the moving papers. No opposition papers were filed, and no courtesy copy of any opposition papers were provided to the Court. Any opposition papers were required to have been filed and served by Friday, December 13, 2019. (Code Civ. Proc. § 1005(b).)

BACKGROUND

Plaintiff filed a complaint that arises from an alleged breach of contract. Plaintiff’s complaint alleges causes of action against Defendants for: (1) breach of contract; (2) breach of implied covenant of good faith and fair dealing; and (3) common count.

Defendant filed a motion for summary judgment, or in the alternative, summary adjudication of issues in its favor against Plaintiff. Defendant’s motion is made on the grounds that: (1) there are no genuine issues of material fact; (2) the undisputed material facts prove that one or more essential elements of Plaintiff’s claims cannot be established; (3) Plaintiff never had a contractual relationship with Defendant; (4) Defendant never requested that Plaintiff perform any work at its distribution facility in Phoenix, Arizona; and (5) Plaintiff, by his own admission, is and always has been an unlicensed contractor and is barred from maintaining any action for unpaid compensation. Plaintiff failed to opposed Defendant’s motion.

Due to Defendant’s motion being unopposed, the Court GRANTS Defendant’s motion for summary judgment in its entirety. (Sexton v. Superior Court (1997) 58 Cal.App.4th 1403, 1410.)

Moving party is ordered to give notice of this ruling.

Parties who intend to submit on this tentative must send an email to the Court at SMC_DEPT56@lacourt.org as directed by the instructions provided on the court website at www.lacourt.org. If the department does not receive an email and there are no appearances at the

hearing, the motion will be placed off calendar.

Dated this 27th day of December 2019

Hon. Holly J. Fujie

Judge of the Superior Court