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This case was last updated from Los Angeles County Superior Courts on 08/15/2019 at 09:50:44 (UTC).

LORETTA MCGOWAN VS CHANGEMYRATE.COM ET AL.,

Case Summary

On 07/26/2017 LORETTA MCGOWAN filed a Contract - Other Contract lawsuit against CHANGEMYRATE COM . This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is NANCY L. NEWMAN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7861

  • Filing Date:

    07/26/2017

  • 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

Judge Details

Presiding Judge

NANCY L. NEWMAN

 

Party Details

Plaintiff

MCGOMAN LORETTA

Defendants

LAMPKIN MELODY

HASTINGS CHEVY

D AND G ESCROW

CHANGEMYRATE.COM

GRAVES JACKIE

THOMAS DIANE

CREATIVE INVESTMENT GROUP INC.

HOWARD TOM

CHANGEMYRATE.COM A NEVADA CORPORATION

Attorney/Law Firm Details

Plaintiff Attorneys

HIRSCHMAN ROBERT & ASSOCIATES

HAKIMI HELGA

Defendant Attorneys

LIEBER ESQ JEFFREY E.

SLOME TROY H.

WYATT ANDREE M

WYATT ANDREW

 

Court Documents

Application for Determination of Good Faith Settlement

5/31/2019: Application for Determination of Good Faith Settlement

Case Management Statement

6/4/2019: Case Management Statement

Declaration

6/20/2019: Declaration

Order

8/6/2019: Order

Legacy Document

8/2/2017: Legacy Document

Legacy Document

2/20/2018: Legacy Document

Minute Order

2/27/2018: Minute Order

Case Management Statement

2/28/2018: Case Management Statement

Proof of Service (not Summons and Complaint)

2/28/2018: Proof of Service (not Summons and Complaint)

Legacy Document

3/1/2018: Legacy Document

Legacy Document

3/13/2018: Legacy Document

Proof of Service (not Summons and Complaint)

3/14/2018: Proof of Service (not Summons and Complaint)

Notice of Ruling

3/26/2018: Notice of Ruling

Minute Order

3/28/2018: Minute Order

Minute Order

6/7/2018: Minute Order

Reply

11/28/2018: Reply

Notice Re: Continuance of Hearing and Order

12/4/2018: Notice Re: Continuance of Hearing and Order

Notice of Case Assignment - Unlimited Civil Case

12/11/2018: Notice of Case Assignment - Unlimited Civil Case

59 More Documents Available

 

Docket Entries

  • 11/01/2019
  • Hearingat 09:00 AM in Department P at 1725 Main Street, Santa Monica, CA 90401; Case Management Conference

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  • 08/06/2019
  • Docketat 08:30 AM in Department P; Order to Show Cause Re: (defendant Diane Thomas' failure to appear on 6/6/19) - Held

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  • 08/06/2019
  • Docketat 08:30 AM in Department P; Case Management Conference - Held - Continued

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  • 08/06/2019
  • DocketMinute Order ( (Case Management Conference; Order to Show Cause Re: defendant...)); Filed by Clerk

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  • 08/06/2019
  • DocketOrder (on Good Faith Determination); Filed by D AND G ESCROW (Defendant)

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  • 08/06/2019
  • DocketOrder (Determining Good Faith Settlement of Plaintiff's Claims Against Defendant Creative Investment Group, Inc.); Filed by CREATIVE INVESTMENT GROUP, INC. (Defendant)

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  • 08/01/2019
  • DocketCase Management Statement; Filed by LORETTA MCGOMAN (Plaintiff)

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  • 07/23/2019
  • DocketNotice (Further CMC and OSC); Filed by LORETTA MCGOMAN (Plaintiff)

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  • 06/21/2019
  • DocketProof of Service (not Summons and Complaint); Filed by D AND G ESCROW (Defendant)

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  • 06/20/2019
  • DocketDeclaration (of Troy H. Slome in Support of Defendant Creative Investment Group, Inc.'s Application for a Determination of Good Faith Settlement); Filed by CREATIVE INVESTMENT GROUP, INC. (Defendant)

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137 More Docket Entries
  • 08/07/2017
  • DocketProof-Service/Summons; Filed by LORETTA MCGOMAN (Plaintiff)

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  • 08/02/2017
  • DocketProof-Service/Summons (ON D AND G ESCROW ); Filed by Attorney for Plaintiff

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  • 08/02/2017
  • DocketProof-Service/Summons; Filed by LORETTA MCGOMAN (Plaintiff)

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  • 08/02/2017
  • DocketProof-Service/Summons (ON CREATIVE INVESTMENT GRUOP,INC. ); Filed by Attorney for Plaintiff

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  • 08/02/2017
  • DocketProof-Service/Summons; Filed by LORETTA MCGOMAN (Plaintiff)

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  • 07/26/2017
  • DocketSummons (on Complaint); Filed by null

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  • 07/26/2017
  • DocketCivil Case Cover Sheet

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  • 07/26/2017
  • DocketComplaint Filed

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  • 07/26/2017
  • DocketComplaint; Filed by LORETTA MCGOMAN (Plaintiff)

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  • 07/20/2017
  • DocketSummons Filed; Filed by Attorney for Plaintiff

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Tentative Rulings

Case Number: SC127861    Hearing Date: September 23, 2020    Dept: P

 

Tentative Ruling

Loretta McGowan v. Changemyrate.com et al., Case No. SC127861

Hearing Date September 23, 2020

Plaintiff’s Motion to Enforce Settlement Agreement (CCP 664.6)

On January 17, 2020 the parties executed a settlement for $50,000, payable in forty monthly installments of $1,250 each. Pursuant to the agreement, if defendants failed to make a monthly payment and did not cure within fifteen days, judgment could be entered for the unpaid amount, plus 10% per annum interest. Defendants made the first payment but failed to make subsequent payments. Plaintiff moves for entry of judgment, seeking the unpaid settlement amount of $48,750.00, plus $2,843.75 interest from February 1, 2020 to August 31, 2020 and $18,080.95 in attorney’s fees.

Under Cal. Code of Civ. Proc. §664.6, a court may retain jurisdiction to enforce a settlement agreement if the settling parties stipulate in writing, signed by the parties and containing language allowing the court to retain jurisdiction. Plaintiff’s exhibit A, pg. 5. Plaintiff provides evidence of default. See Hakimi decl. ¶¶10-12. Per the agreement, plaintiff is entitled to the unpaid amount ($48,750.00) and $2,843.75 in interest.

While plaintiff is entitled to recover attorney’s fees, attorney Hakimi’s request for 45 hours’ of fees is excessive. The agreement provides for the recovery of “all costs and attorney’s fees incurred by [plaintiff] as a result of [defendant’s] default and breach[.]” Exhibit A at pg. 2. Hakimi’s declaration requests fees attributable to “numerous settlement discussions” and “appearing for the MSC, which lasted over 8 hours.” Hakimi decl. ¶15. These fees are not attributable to the breach, but are fees incurred prior to the breach. The court will award 5 hours’ of attorney’s fees at the requested $400/hour, totaling $2,000.

Judgment to be entered for $48,7700 unpaid settlement, $2,843.75 interest and $2,000 fees.

DUE TO THE ONGOING COVID-19 PANDEMIC, PARTIES AND COUNSEL ARE ENCOURAGED TO AVOID IN-PERSON APPEARANCES AND TO APPEAR REMOTELY VIA LA COURT CONNECT.

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