This case was last updated from Los Angeles County Superior Courts on 07/12/2021 at 11:45:30 (UTC).

LUIS CALDERON VS MICHAEL KOUTSOUKOS ET AL

Case Summary

On 08/10/2017 LUIS CALDERON filed a Civil Right - Other Civil Right lawsuit against MICHAEL KOUTSOUKOS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are MICHAEL P. LINFIELD and EDWARD B. MORETON. The case status is Disposed - Judgment Entered.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1615

  • Filing Date:

    08/10/2017

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Civil Right - Other Civil Right

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

MICHAEL P. LINFIELD

EDWARD B. MORETON

 

Party Details

Petitioner, Plaintiff and Respondent

CALDERON LUIS

Defendant, Respondent and Appellant

KOUTSOUKOS MICHAEL

Respondents, Defendants and Appellants

DOES 1 TO 10

KOUTSOUKOS ELENI J

KOUTSOUKOS MICHAEL

JMK LAW GROUP

JOHN KOUTSOUKOS

KOUTSOUKOS ELENI J.

CALDERON LUIS

Assignee

CALHOUN & ASSOCIATES

Attorney/Law Firm Details

Petitioner and Plaintiff Attorneys

CALHOUN & ASSOCIATES

CONNORS ARTHUR R.

 

Court Documents

Minute Order -

1/17/2018: Minute Order -

JUDGMENT/COURT AFT DEFAULT -

1/23/2018: JUDGMENT/COURT AFT DEFAULT -

NOTICE OF CHANGE OF ADDRESS OR OTHER CONTACT INFORMATION

6/4/2018: NOTICE OF CHANGE OF ADDRESS OR OTHER CONTACT INFORMATION

DECLARATION OF MARTY J. NICHOLSON IN SUPPORT OF PLAINTIFF'S MOTION TO AMEND JUDGMENT TO CORRECT CLERICAL ERROR

8/23/2018: DECLARATION OF MARTY J. NICHOLSON IN SUPPORT OF PLAINTIFF'S MOTION TO AMEND JUDGMENT TO CORRECT CLERICAL ERROR

NOTICE OF MOTION AND MOTION TO AMEND JUDGMENT TO CORRECT CLERICAL ERROR UNDER CODE OF CIVIL PROCEDURE ? 473(D); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

8/23/2018: NOTICE OF MOTION AND MOTION TO AMEND JUDGMENT TO CORRECT CLERICAL ERROR UNDER CODE OF CIVIL PROCEDURE ? 473(D); MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

Minute Order -

9/24/2018: Minute Order -

Judgment - Amended Judgment

11/20/2018: Judgment - Amended Judgment

Order - Order Amending Judgment Nunc Pro Tunc

12/4/2018: Order - Order Amending Judgment Nunc Pro Tunc

Default Judgment - (Amended)

12/4/2018: Default Judgment - (Amended)

Abstract of Judgment - Civil and Small Claims

2/22/2019: Abstract of Judgment - Civil and Small Claims

Declaration - DECLARATION OF MARTY J. NICHOLSON IN SUPPORT OF MOTION FOR ASSIGNMENT ORDER

6/21/2019: Declaration - DECLARATION OF MARTY J. NICHOLSON IN SUPPORT OF MOTION FOR ASSIGNMENT ORDER

Notice of Motion - NOTICE OF MOTION AND MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

6/21/2019: Notice of Motion - NOTICE OF MOTION AND MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

Notice - NOTICE AMENDED NOTICE OF MOTION FOR ASSIGNMENT AND ORDER RESTRAINING JUDGMENT DEBTORS

6/25/2019: Notice - NOTICE AMENDED NOTICE OF MOTION FOR ASSIGNMENT AND ORDER RESTRAINING JUDGMENT DEBTORS

Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

6/25/2019: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

Assignment of Judgment

6/28/2019: Assignment of Judgment

Motion to Set Aside/Vacate Default and / or Default Judgment

7/18/2019: Motion to Set Aside/Vacate Default and / or Default Judgment

Declaration - DECLARATION OF MARTY J. NICHOLSON IN SUPPORT OF SECOND AMENDED MOTION FOR ASSIGNMENT ORDER

7/19/2019: Declaration - DECLARATION OF MARTY J. NICHOLSON IN SUPPORT OF SECOND AMENDED MOTION FOR ASSIGNMENT ORDER

Notice - NOTICE SECOND AMENDED NOTICE OF MOTION AND MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS

7/19/2019: Notice - NOTICE SECOND AMENDED NOTICE OF MOTION AND MOTION FOR ASSIGNMENT ORDER AND ORDER RESTRAINING JUDGMENT DEBTORS

49 More Documents Available

 

Docket Entries

  • 08/28/2020
  • DocketAppeal Record Delivered; Filed by Clerk

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  • 08/26/2020
  • DocketAppeal - Original Clerk's Transcript 1 Volume Certified (for Notice of Appeal, filed 1/24/20, "U"); Filed by Clerk

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  • 08/10/2020
  • Docketat 08:30 AM in Department 34; Hearing on Motion - Other (Appellant's Motion to Use Settled Statement) - Held

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  • 08/10/2020
  • DocketMinute Order ( (Hearing on Motion - Other Appellant's Motion to Use Settled S...)); Filed by Clerk

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  • 07/27/2020
  • DocketAppeal - Notice of Fees Due for Clerk's Transcript on Appeal (N.O.A. 1/24/2020 B304126); Filed by Clerk

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  • 07/27/2020
  • DocketAppeal - Notice of Fees Due for Clerk's Transcript on Appeal (N.O.A. 1/24/20 B304126); Filed by Clerk

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  • 07/15/2020
  • Docketat 2:33 PM in Department 34; Court Order

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  • 07/15/2020
  • DocketCertificate of Mailing for ((Court Order on Appellant?s Proposed Settled Statement) of 07/15/2020); Filed by Clerk

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  • 07/15/2020
  • DocketMinute Order ( (Court Order on Appellant?s Proposed Settled Statement)); Filed by Clerk

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  • 07/15/2020
  • DocketOrder (on Appellant's Proposed Settled Statement); Filed by Clerk

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73 More Docket Entries
  • 10/27/2017
  • DocketREQUEST FOR ENTRY OF DEFAULT

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  • 08/29/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 08/29/2017
  • DocketPROOF OF SERVICE SUMMONS

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  • 08/29/2017
  • DocketProof-Service/Summons

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  • 08/29/2017
  • DocketProof-Service/Summons

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  • 08/24/2017
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 08/24/2017
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 08/10/2017
  • DocketVERIFIED COMPLAINT FOR: 1) VIOLATIONS OF THE UNRUH ACT (CAL WORNLA CIVIL CODE 51, ET SEQ.); ETC

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  • 08/10/2017
  • DocketComplaint; Filed by Luis Calderon (Plaintiff)

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  • 08/10/2017
  • DocketSUMMONS

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Tentative Rulings

Case Number: ****1615    Hearing Date: August 10, 2020    Dept: 34

Court Order on Appellant’s Proposed Settled Statement

The Court issued a final decision on August 13, 2019 that Appellant attached to his Proposed Settlement Statement. The Court also denied Appellant’s subsequent Motion for Reconsideration on October 1, 2019. The August 13, 2019 decision is the full and final decision of this Court. The Court based its ruling entirely on the arguments raised in the pleadings and adopted its previously-posted tentative decision at the conclusion of the hearing.

Under CRC Rule 8.137,

An appellant may elect in his or her notice designating the record on appeal under rule 8.121 to use a settled statement as the record of the oral proceedings in the superior court without filing a motion under (2) if:

(A) The designated oral proceedings in the superior court were not reported by a court reporter;”

As appellant has indicated, there was no court reporter present at the August 13, 2019 hearing. No evidence was taken at the hearing, and no objections were made at the hearing. The Court based its ruling on the pleadings, and the basis for the ruling is contained in the Court’s decision of that day.

As our courts have explained, the purpose of a settled statement is to provide an adequate record for an appellate court to investigate whether reversible error occurred. (People v. Hawthorne (1992) 4 Cal.4th 43, 66.)

Appellant did not make any arguments at the hearing that were not contained in their moving papers.

Further the Court has no recollection nor notes indicating, as alleged in Appellant’s Proposed Settled Statement, that the Court “succinctly stated that even though [the Court] might be inclined to set aside the judgment, [the Court] would not be able to do so . . . .” (See Appellant’s Proposed Settled Statement, Attachment 6.)

Therefore, the Court will delete Attachment 6 as proposed by Appellant in its Proposed Settled Statement – the majority of which is simply argument by Appellant, and part of which indicates statements that the Court does not believe it made – and allow the pleadings filed by the parties and Minute Orders issued by the Court to comprise the Record on Appeal.



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