This case was last updated from Los Angeles County Superior Courts on 10/06/2020 at 11:10:52 (UTC).

MARIA DEMOPOULOS VS JAMES DEEN

Case Summary

On 06/28/2017 MARIA DEMOPOULOS filed a Property - Other Property Fraud lawsuit against JAMES DEEN. 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:

    ****7752

  • Filing Date:

    06/28/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Property - Other Property Fraud

  • 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

DEMOPOULOS MARIA

Defendants and Cross Plaintiffs

SEVEN SINS LLC

DEEN JAMES

SEVILLA BRYAN

POPE NORWOOD BRAXTON AKA BRAXTON POPE

Cross Defendant

POPE BRAXTON

Attorney/Law Firm Details

Plaintiff Attorney

PAPPAS MARGOT

Defendant Attorneys

MICHAEL W. FATTOROSI

FATTOROSI MICHAEL W.

 

Court Documents

Proof of Publication

10/12/2017: Proof of Publication

Legacy Document - LEGACY DOCUMENT TYPE: Notice

10/19/2017: Legacy Document - LEGACY DOCUMENT TYPE: Notice

Legacy Document - LEGACY DOCUMENT TYPE: Notice

10/23/2017: Legacy Document - LEGACY DOCUMENT TYPE: Notice

Legacy Document - LEGACY DOCUMENT TYPE: Declaration

12/14/2017: Legacy Document - LEGACY DOCUMENT TYPE: Declaration

Minute Order - Minute order entered: 2017-12-19 00:00:00

12/19/2017: Minute Order - Minute order entered: 2017-12-19 00:00:00

Legacy Document - LEGACY DOCUMENT TYPE: Declaration

2/14/2018: Legacy Document - LEGACY DOCUMENT TYPE: Declaration

Legacy Document - LEGACY DOCUMENT TYPE: Cross-Compl fld - Summons Issued

3/22/2018: Legacy Document - LEGACY DOCUMENT TYPE: Cross-Compl fld - Summons Issued

Memorandum of Points & Authorities

12/21/2018: Memorandum of Points & Authorities

Motion for Summary Judgment

1/25/2019: Motion for Summary Judgment

Memorandum of Points & Authorities

2/25/2019: Memorandum of Points & Authorities

Reply - Reply Plaintiffs Reply Brief Re Order To Show Cause Why Attorney Michael Fattorosi Should Not Be Held In Contempt

3/8/2019: Reply - Reply Plaintiffs Reply Brief Re Order To Show Cause Why Attorney Michael Fattorosi Should Not Be Held In Contempt

Opposition - DEFENDANT'S APPENDIX OF EVIDENCE IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AS TO LIABILITY ISSUES, OR IN THE ALTERNATIVE, SUMMARY JUDGMENT

6/14/2019: Opposition - DEFENDANT'S APPENDIX OF EVIDENCE IN SUPPORT OF DEFENDANT'S OPPOSITION TO PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AS TO LIABILITY ISSUES, OR IN THE ALTERNATIVE, SUMMARY JUDGMENT

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

11/21/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

Notice of Intent to Appear by Telephone

3/2/2020: Notice of Intent to Appear by Telephone

Notice of Intent to Appear by Telephone

3/12/2020: Notice of Intent to Appear by Telephone

Minute Order - MINUTE ORDER (HEARING ON MOTION TO ENFORCE SETTLEMENT; ORDER TO SHOW CAUSE ...)

7/16/2020: Minute Order - MINUTE ORDER (HEARING ON MOTION TO ENFORCE SETTLEMENT; ORDER TO SHOW CAUSE ...)

Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

7/30/2020: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: DISMISSAL (SETTLEMENT))

Order - ORDER ORDER GRANTING PLAINTIFFS MOTION TO ENFORCE SETTLEMENT AND ENTRY OF TERMS OF WRITTEN SETTLEMENT AGREEMENT (EXHIBIT 1) AND STIPULATION (EXHIBIT 2) AS JUDGMENT PURSUANT TO CCP 664.6

9/10/2020: Order - ORDER ORDER GRANTING PLAINTIFFS MOTION TO ENFORCE SETTLEMENT AND ENTRY OF TERMS OF WRITTEN SETTLEMENT AGREEMENT (EXHIBIT 1) AND STIPULATION (EXHIBIT 2) AS JUDGMENT PURSUANT TO CCP 664.6

127 More Documents Available

 

Docket Entries

  • 10/05/2020
  • DocketNotice (Of Entry Of Court Order); Filed by MARIA DEMOPOULOS (Plaintiff)

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  • 09/10/2020
  • DocketOrder (Order Granting Plaintiffs Motion To Enforce Settlement And Entry Of Terms Of Written Settlement Agreement (Exhibit 1) And Stipulation (Exhibit 2) As Judgment Pursuant To Ccp 664.6); Filed by MARIA DEMOPOULOS (Plaintiff)

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  • 07/30/2020
  • Docketat 10:00 AM in Department P; Order to Show Cause Re: Dismissal (Settlement) - Held

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  • 07/30/2020
  • DocketMinute Order ( (Order to Show Cause Re: Dismissal (Settlement))); Filed by Clerk

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  • 07/20/2020
  • DocketDeclaration (Of Plaintiff And Counsel In Support Of Plaintiffs Motion To Enforce Settlement Pursuant To Ccp 664.6); Filed by MARIA DEMOPOULOS (Plaintiff)

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  • 07/16/2020
  • Docketat 10:00 AM in Department P; Order to Show Cause Re: Dismissal (Settlement) - Held - Continued

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  • 07/16/2020
  • Docketat 10:00 AM in Department P; Hearing on Motion to Enforce Settlement - Held

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  • 07/16/2020
  • DocketMinute Order ( (Hearing on Motion to Enforce Settlement; Order to Show Cause ...)); Filed by Clerk

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  • 05/15/2020
  • DocketAcknowledgment of Satisfaction of Judgment; Filed by MARIA DEMOPOULOS (Plaintiff)

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  • 05/08/2020
  • Docketat 08:30 AM in Department P; Order to Show Cause Re: Dismissal (Settlement) - Not Held - Advanced and Continued - by Court

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212 More Docket Entries
  • 08/18/2017
  • DocketSummons Filed; Filed by Attorney for Plaintiff

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  • 08/18/2017
  • DocketNotice (PLTF'S NOTICE OF PROOF OF SERVICE OF SUMMONS AND FIRST AMENDED COMPLAINT ); Filed by Attorney for Plaintiff

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  • 08/18/2017
  • DocketNotice; Filed by MARIA DEMOPOULOS (Plaintiff)

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  • 07/05/2017
  • DocketFirst Amended Complaint; Filed by Attorney for Plaintiff

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  • 07/05/2017
  • DocketFirst Amended Complaint; Filed by MARIA DEMOPOULOS (Plaintiff)

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  • 06/28/2017
  • DocketComplaint Filed

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  • 06/28/2017
  • DocketCivil Case Cover Sheet

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  • 06/28/2017
  • DocketComplaint; Filed by MARIA DEMOPOULOS (Plaintiff)

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  • 06/28/2017
  • DocketSummons; Filed by Plaintiff

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  • 06/28/2017
  • DocketSummons Filed; Filed by Attorney for Plaintiff

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Tentative Rulings

Case Number: SC127752    Hearing Date: March 04, 2020    Dept: P

 

Tentative Ruling

Demopoulos v. Deen et al., Case No. SC127752

Hearing Date: March 4, 2020

Defendant Pope’s Motion to Set Aside Judgment and Strike/Reduce Costs

Plaintiff and defendants settled on August 28, 2019. Plaintiff moved ex parte for entry of judgment to enforce the settlement as against Pope, as he failed to make a scheduled payment. Pope did not respond, and judgment was entered. Pope moves to set aside the judgment, on the grounds that the ex parte motion for entry of judgment was improperly served via email.

A court may relieve a party from a “judgment, dismissal, order or other proceeding taken against him or her through his or her mistake, inadvertence, surprise, or excusable neglect.” Cal. Code of Civ. Proc. §473(b). In cases filed before December 31, 2018, “electronic service of [a] document is not authorized unless a party or other person has agreed to accept electronic service[.]” Cal. Code of Civ. Proc. §1010.6(2)(A)(i).

Pope argues electronic service of the ex parte motion for entry of judgment was improper because he did not consent to email service. The settlement agreement states in the event of default “Demopoulos shall give the appropriate party’s counsel of record written Notice of Default via email stated above.” If default is not cured within seven days, “Demopolous may, on an ex parte basis, and without further notice, have a judgment entered for the full amount[.]” Plaintiff’s Exhibit 1 at ¶2. Electronic service and ex parte entry of judgment were proper under the terms of the agreement.

Plaintiff provides justification of many claimed costs. Plaintiff has not, however, justified the $110 claimed (item 9) for a transcript, or claimed fees for electronic service. Opposition at pgs. 3-4, Pappas Declaration at ¶¶7-9.

The motion is DENIED. The memorandum of costs will be reduced by a total of $619.34. Plaintiff is entitled to $3,034.59 in costs and fees against Pope, payable within 30 days.