This case was last updated from Los Angeles County Superior Courts on 07/16/2019 at 18:13:07 (UTC).

MARA ESCROW COMPANY VS SHANNON L PINEDA

Case Summary

On 05/05/2017 MARA ESCROW COMPANY filed a Labor - Other Labor lawsuit against SHANNON L PINEDA. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is JOHN P. DOYLE. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0406

  • Filing Date:

    05/05/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Labor - Other Labor

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

JOHN P. DOYLE

 

Party Details

Petitioner and Plaintiff

MARA ESCROW COMPANY

Defendants and Respondents

DOES 1 THROUGH 10

PINEDA SHANNON L.

Attorney/Law Firm Details

Petitioner and Plaintiff Attorneys

MACKEY THOMAS G. ESQ.

MULLIN PATRICK C.

Defendant Attorney

BARNHOLTZ BRADLEY C

 

Court Documents

Notice of Ruling

7/8/2019: Notice of Ruling

Notice of Ruling

7/11/2019: Notice of Ruling

Minute Order

6/22/2018: Minute Order

Minute Order

7/12/2018: Minute Order

PROTECTIVE ORDER

11/20/2017: PROTECTIVE ORDER

DEFENDANT'S NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT

6/23/2017: DEFENDANT'S NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT

NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; ETC.

8/31/2017: NOTICE OF MOTION AND MOTION FOR PROTECTIVE ORDER; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF; ETC.

COMPLAINT FOR BREACH OF FIDUCIARY DUTY, FRAUD, CONVERSION, CONSTRUCTIVE TRUST, INDEMNITY, AND DECLARATORY RELIEF

5/5/2017: COMPLAINT FOR BREACH OF FIDUCIARY DUTY, FRAUD, CONVERSION, CONSTRUCTIVE TRUST, INDEMNITY, AND DECLARATORY RELIEF

Motion re:

4/8/2019: Motion re:

Memorandum of Points & Authorities

4/17/2019: Memorandum of Points & Authorities

Reply

4/23/2019: Reply

Reply

4/23/2019: Reply

Minute Order

4/30/2019: Minute Order

Notice of Ruling

5/7/2019: Notice of Ruling

Motion to Be Relieved as Counsel

6/4/2019: Motion to Be Relieved as Counsel

Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

6/4/2019: Declaration in Support of Attorney's Motion to Be Relieved as Counsel-Civil

Proof of Service by Mail

6/4/2019: Proof of Service by Mail

Notice Re: Continuance of Hearing and Order

6/19/2019: Notice Re: Continuance of Hearing and Order

97 More Documents Available

 

Docket Entries

  • 07/11/2019
  • DocketNotice of Ruling; Filed by Mara Escrow Company (Plaintiff)

    [+] Read More [-] Read Less
  • 07/08/2019
  • Docketat 08:30 AM in Department 58; Status Conference ((Alk-Purpose))

    [+] Read More [-] Read Less
  • 07/08/2019
  • Docketat 08:30 AM in Department 58; Hearing on Motion to be Relieved as Counsel

    [+] Read More [-] Read Less
  • 07/08/2019
  • DocketNotice of Ruling; Filed by Shannon L. Pineda (Defendant)

    [+] Read More [-] Read Less
  • 07/05/2019
  • Docketat 08:30 AM in Department 58; Hearing on Motion to be Relieved as Counsel - Not Held - Advanced and Continued - by Court

    [+] Read More [-] Read Less
  • 06/25/2019
  • DocketNotice of Ruling; Filed by Shannon L. Pineda (Defendant)

    [+] Read More [-] Read Less
  • 06/20/2019
  • Docketat 08:30 AM in Department 58; Conference (ReMotion Setting) - Held

    [+] Read More [-] Read Less
  • 06/20/2019
  • Docketat 08:30 AM in Department 58; Status Conference ((All-Purpose)) - Held

    [+] Read More [-] Read Less
  • 06/20/2019
  • Docketat 08:30 AM in Department 58; Order to Show Cause Re: (Mediation) - Held

    [+] Read More [-] Read Less
  • 06/20/2019
  • DocketMinute Order ( (Status Conference (All-Purpose); Order to Show Cause Re: Medi...)); Filed by Clerk

    [+] Read More [-] Read Less
175 More Docket Entries
  • 06/23/2017
  • DocketDEFENDANT'S NOTICE OF MOTION AND MOTION TO STRIKE PORTIONS OF PLAINTIFF'S COMPLAINT

    [+] Read More [-] Read Less
  • 05/30/2017
  • DocketPROOF OF SERVICE SUMMONS

    [+] Read More [-] Read Less
  • 05/30/2017
  • DocketProof-Service/Summons; Filed by Plaintiff/Petitioner

    [+] Read More [-] Read Less
  • 05/19/2017
  • DocketNotice of Case Management Conference; Filed by Clerk

    [+] Read More [-] Read Less
  • 05/19/2017
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

    [+] Read More [-] Read Less
  • 05/19/2017
  • DocketORDER TO SHOW CAUSE HEARING

    [+] Read More [-] Read Less
  • 05/19/2017
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

    [+] Read More [-] Read Less
  • 05/05/2017
  • DocketComplaint; Filed by Mara Escrow Company (Plaintiff)

    [+] Read More [-] Read Less
  • 05/05/2017
  • DocketSUMMONS

    [+] Read More [-] Read Less
  • 05/05/2017
  • DocketCOMPLAINT FOR BREACH OF FIDUCIARY DUTY, FRAUD, CONVERSION, CONSTRUCTIVE TRUST, INDEMNITY, AND DECLARATORY RELIEF

    [+] Read More [-] Read Less

Tentative Rulings

Case Number: ****0406    Hearing Date: December 21, 2020    Dept: 58

Judge John P. Doyle

Department 58


Hearing Date: December 21, 2020

Case Name: Mara Escrow Company v. Pineda, et al.

Case No.: ****0406

Matter: Motion to Set Aside Dismissal

Moving Party: Plaintiff Mara Escrow Company

Responding Party: Unopposed


Tentative Ruling: The Motion is granted.


On October 29, 2020, the Court dismissed this action without prejudice due to Plaintiff’s failure to appear at an OSC re: Entry of Default/Default Judgment.

Plaintiff moves to set the dismissal aside due to attorney fault.

As a valid declaration of attorney fault has been provided (Waneis Decl. ¶ 12), the Motion is granted. (Code Civ. Proc. ; 473(b).)



Case Number: ****0406    Hearing Date: October 29, 2020    Dept: 58

Judge John P. Doyle

Department 58


Hearing Date: October 29, 2020

Case Name: Mara Escrow Company v. Pineda, et al.

Case No.: ****0406

Matter: Default Judgment Application


Tentative Ruling: The Default Judgment Application is denied without prejudice.


The Default Judgment Application is denied without prejudice because Defendant Pineda’s default has not been entered as to the Second Amended Complaint.



Case Number: ****0406    Hearing Date: November 20, 2019    Dept: 58

Judge John P. Doyle

Department 58


Hearing Date: November 20, 2019

Case Name: Mara Escrow Company v. Pineda, et al.

Case No.: ****0406

Motion: Default Judgment Application

Tentative Ruling: See Discussion Below

On September 17, 2019, the Court struck Defendant Pineda’s Answer for failure to make an appearance.

Plaintiff has submitted a Default Judgment Application seeking $223,389.10 in compensatory damages.

Code Civ. Proc. ; 580 states, “[t]he relief granted to the plaintiff, if there is no answer, cannot exceed that demanded in the complaint . . . .” Code Civ. Proc. ; 580 applies to a default entered as a result of an answer having been stricken. (Greenup v. Rodman (1986) 42 Cal. 3d 822, 828; Elec. Funds Sols., LLC v. Murphy (2005) 134 Cal. App. 4th 1161, 1175.)

Here, the First Amended Complaint (“FAC”) alleges “harm in an amount exceeding $70,000.” (FAC ¶ 43.) However, for the purposes of Code Civ. Proc. ; 580, such a phrase only gives adequate notice as to $70,000 in damages, which is far less than the damages sought for default judgment. (Electronic Funds Solutions, LLC v. Murphy (2005) 134 Cal.App.4th 1161, 1173-1174.)

Thus, Plaintiff has two options: (1) accept a default judgment providing for $70,000 in compensatory damages or (2) amend the FAC to seek greater damages. If the latter option is chosen, however, this will “open” Defendant’s default because such would constitute a material change in the allegations of the FAC. (Cole v. Roebling Const. Co. (1909) 156 Cal. 443, (1968) 260 Cal.App.2d 24, 27-28.)

The Court notes that a request for dismissal of the Doe Defendants was not provided.



related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where MARA ESCROW COMPANY is a litigant

Latest cases represented by Lawyer BARNHOLTZ BRADLEY CHANCE