This case was last updated from Los Angeles County Superior Courts on 09/28/2021 at 00:03:39 (UTC).

MICHAEL B. MILLER VS JACKIE ANTOINETTE ABBOUD, ET AL.

Case Summary

On 12/10/2019 MICHAEL B MILLER filed a Contract - Professional Negligence lawsuit against JACKIE ANTOINETTE ABBOUD. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is ROBERT B. BROADBELT. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4247

  • Filing Date:

    12/10/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Professional Negligence

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

ROBERT B. BROADBELT

 

Party Details

Plaintiff and Cross Defendant

MILLER MICHAEL B.

Defendants and Cross Plaintiffs

ABBOUD JACKIE ANTOINETTE

LEPAK BRIAN PATRICK

TROPE SORRELL

TROPE & TROPE LLP

Attorney/Law Firm Details

Defendant and Cross Plaintiff Attorneys

FRIEDMAN IRA M. ESQ.

VOSS MATTHEW E. ESQ.

SMITH GREGORY M. ESQ.

SMITH GREG

 

Court Documents

Notice - NOTICE OF NON-OPPOSITION TO DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT FILED BY DEFENDANT JACKIE A. ABBOUD, APLC, ERRONEOUSLY SUED AND SERVED AS JACKIE ANTOINETTE ABBOUD

7/13/2021: Notice - NOTICE OF NON-OPPOSITION TO DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT FILED BY DEFENDANT JACKIE A. ABBOUD, APLC, ERRONEOUSLY SUED AND SERVED AS JACKIE ANTOINETTE ABBOUD

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 07/19/2021

7/19/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 07/19/2021

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 08/11/2021

8/11/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 08/11/2021

Minute Order - MINUTE ORDER (HEARING ON MOTION TO STRIKE CROSS-COMPLAINT OF BRIAN LEPAK & ...)

5/27/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION TO STRIKE CROSS-COMPLAINT OF BRIAN LEPAK & ...)

Notice of Ruling - NOTICE OF RULING NOTICE OF RULING RE: CASE MANAGEMENT CONFERENCE

5/11/2021: Notice of Ruling - NOTICE OF RULING NOTICE OF RULING RE: CASE MANAGEMENT CONFERENCE

Case Management Statement

5/6/2021: Case Management Statement

Memorandum of Points & Authorities

4/16/2021: Memorandum of Points & Authorities

Motion to Strike (not initial pleading)

4/12/2021: Motion to Strike (not initial pleading)

Demurrer - with Motion to Strike (CCP 430.10)

4/12/2021: Demurrer - with Motion to Strike (CCP 430.10)

Request for Judicial Notice

3/23/2021: Request for Judicial Notice

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; HEARING ON MOTION TO JOIN NECESSA...)

2/25/2021: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE; HEARING ON MOTION TO JOIN NECESSA...)

Notice of Ruling

2/25/2021: Notice of Ruling

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 01/27/2021

1/27/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 01/27/2021

Notice Re: Continuance of Hearing and Order

3/24/2020: Notice Re: Continuance of Hearing and Order

Demurrer - without Motion to Strike

4/15/2020: Demurrer - without Motion to Strike

Request for Judicial Notice

4/21/2020: Request for Judicial Notice

Joinder to Motion - JOINDER TO MOTION TROPE & TROPE LLP AND

4/22/2020: Joinder to Motion - JOINDER TO MOTION TROPE & TROPE LLP AND

Complaint

12/10/2019: Complaint

91 More Documents Available

 

Docket Entries

  • 12/22/2021
  • Hearing12/22/2021 at 10:00 AM in Department 53 at 111 North Hill Street, Los Angeles, CA 90012; Case Management Conference

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  • 12/22/2021
  • Hearing12/22/2021 at 10:00 AM in Department 53 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Demurrer - with Motion to Strike (CCP 430.10)

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  • 12/22/2021
  • Hearing12/22/2021 at 10:00 AM in Department 53 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Demurrer - without Motion to Strike

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  • 12/08/2021
  • Hearing12/08/2021 at 11:00 AM in Department 53 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Completion of Arbitration

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  • 10/04/2021
  • Hearing10/04/2021 at 08:30 AM in Department 53 at 111 North Hill Street, Los Angeles, CA 90012; Non-Appearance Case Review

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  • 08/13/2021
  • DocketOpposition (to Demurrers and Motion to Strike Memorandum of Points and Authorities Thereto); Filed by Michael B. Miller (Plaintiff)

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  • 08/12/2021
  • Docketat 10:00 AM in Department 53, Robert B. Broadbelt, Presiding; Case Management Conference - Not Held - Advanced and Continued - by Court

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  • 08/12/2021
  • Docketat 10:00 AM in Department 53, Robert B. Broadbelt, Presiding; Hearing on Demurrer - without Motion to Strike (to First Amended Complaint filed by Defendant Brian Patrick Lepak 04-16-2021;) - Not Held - Advanced and Continued - by Court

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  • 08/12/2021
  • Docketat 10:00 AM in Department 53, Robert B. Broadbelt, Presiding; Hearing on Demurrer - with Motion to Strike (CCP 430.10) (to First Amended Complaint filed by Defendant Jackie A. Abbound, APLC, erroneously sued and served as Jackie Antoinette Abboud 04-12-2021;) - Not Held - Advanced and Continued - by Court

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  • 08/12/2021
  • DocketNotice (NOTICE OF CONTINUANCE OF HEARING ON DEMURRER AND MOTION TO STRIKE OF DEFENDANT JACKIE A. ABBOUD, APLC, ERRONEOUSLY SUED AND SERVED AS JACKIE ANTOINETTE ABBOUD, AND DEMURRER OF DEFENDANT BRIAN LEPAK ASSOCIATES PC, ERRONEOUSLY SUED AS BRIAN PATRICK LEPAK,); Filed by Jackie A. Aboud, APLC Erroneously Sued As Jackie Antoinette Abboud (Defendant)

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122 More Docket Entries
  • 04/08/2020
  • DocketDemurrer - with Motion to Strike (CCP 430.10); Filed by Jackie Antoinette Abboud (Defendant)

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  • 04/08/2020
  • DocketRequest for Judicial Notice; Filed by Jackie Antoinette Abboud (Defendant)

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  • 04/08/2020
  • DocketMotion to Strike (not initial pleading); Filed by Jackie Antoinette Abboud (Defendant)

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  • 03/24/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk

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  • 12/27/2019
  • DocketPlaintiff's Designation of Defendants Trope & Trope, LLP and Sorrell Trope in Lieu and Place of Does 1 and 2, Respectively; Filed by Michael B. Miller (Plaintiff)

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  • 12/11/2019
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 12/10/2019
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 12/10/2019
  • DocketCivil Case Cover Sheet; Filed by Michael B. Miller (Plaintiff)

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  • 12/10/2019
  • DocketComplaint; Filed by Michael B. Miller (Plaintiff)

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  • 12/10/2019
  • DocketSummons (on Complaint); Filed by Clerk

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Tentative Rulings

Case Number: 19STCV44247    Hearing Date: May 27, 2021    Dept: 53

Superior Court of California

County of Los Angeles – CENTRAL District

Department 53

michael b. miller ,

Plaintiff,

vs.

jackie antoinette abboud , et al.;

Defendants.

Case No.:

19STCV44247

Hearing Date:

May 27, 2021

Time:

10:00 a.m.

[Tentative] Order RE:

motion to strike cross-complaint of brian lepak & associates pc

AND RELATED CROSS-ACTION

MOVING PARTY: Cross-defendant Michael B. Miller

RESPONDING PARTY: Cross-complainant Brian Lepak & Associates PC

Motion to Strike Cross-Complaint of Brian Lepak & Associates PC

The court considered the moving and opposition papers.

BACKGROUND

Plaintiff Michael B. Miller filed this legal malpractice action against defendants Jackie Antoinette Abboud and Brian Patrick Lepak on December 10, 2019.

On April 15, 2020, cross-complainant Brian Patrick & Associates PC (“Cross-Complainant”) filed a cross-complaint against Michael B. Miller (“Cross-Defendant”).

On January 22, 2021, the court entered the default of Cross-Defendant on the cross-complaint.

Cross-Defendant now moves to strike the cross-complaint in its entirety pursuant to Code of Civil Procedure section 436. Cross-Complainant opposes the motion.

DISCUSSION

Cross-Defendant’s motion to strike the cross-complaint is without merit because the entry of Cross-Defendant’s default on the cross-complaint terminated his right to file the motion.

“The entry of a default terminates a defendant’s rights to take any further affirmative steps in the litigation until either its default is set aside or a default judgment is entered. [Citations.] ‘A defendant against whom a default has been entered is out of court and is not entitled to take any further steps in the cause affecting plaintiff’s right of action; he cannot thereafter, until such default is set aside in a proper proceeding, file pleadings or move for a new trial or demand notice of subsequent proceedings.’ [Citation.]” (Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385-386; see also Sporn v. Home Depot USA, Inc. (2005) 126 Cal.App.4th 1294, 1301 [“‘The clerk’s entry of default cuts off the defendant’s right to take further affirmative steps such as filing a pleading or motion . . . .’ [Citation.]”) Although Cross-Defendant is also the plaintiff in the complaint which initiated this action, “[a] cross-complaint is generally considered to be a separate action from that initiated by the complaint. [Citations.]” (Ohio Casualty Ins. Group v. Superior Court (1995) 30 Cal.App.4th 444, 448-449.)

Because Cross-Defendant’s default has been entered on the cross-complaint, Cross-Defendant has no right to participate in the proceedings in this cross-complaint (including, but not limited to, filing a motion to strike the cross-complaint) unless the default is set aside.

ORDER

For the reasons set forth above, the court denies cross-defendant Michael B. Miller’s motion to strike Brian Patrick & Associates PC’s Cross-Complaint.

The court orders cross-complainant Brian Patrick & Associates PC to give notice of this order.

IT IS SO ORDERED.

DATED: May 27, 2021

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court

Case Number: 19STCV44247    Hearing Date: February 25, 2021    Dept: 53

Superior Court of California

County of Los Angeles – Central District

Department 53

michael b. miller ;

Plaintiff,

vs.

jackie antoinette abboud , et al.,

Defendants.

Case No.:

19STCV44247

Hearing Date:

February 25, 2021

Time:

10:00 a.m.

[Tentative] Order RE:

(1) demurrer of defendant jackie antoinette abboud to plaintiff’s complaint;

(2) Motion of defendant jackie antoinette abboud to strike portions of plaintiff’s complaint;

(3) demurrer to complaint[1]

MOVING PARTY: Defendant Jackie A. Abboud, APLC, erroneously sued as Jackie Antoinette Abboud

RESPONDING PARTY: Plaintiff Michael B. Miller

  1. Demurrer of Defendant Jackie Antoinette Abboud to Plaintiff’s Complaint;

  2. Motion of Defendant Jackie Antoinette Abboud to Strike Portions of Plaintiff’s Complaint;

MOVING PARTY: Defendant Brian Lepak & Associates PC, erroneously sued as Brian Patrick Lepak

RESPONDING PARTY: Plaintiff Michael B. Miller

  1. Demurrer to Complaint.

The court considered the moving papers filed in connection with the demurrers and the motion to strike. Defendants Trope & Trope LLP and Sorrell Trope filed a joinder in defendant Brian Lepak & Associates PC’s demurrer. Plaintiff Michael B. Miller filed a consolidated opposition to the demurrers.

DISCUSSION

Plaintiff Michael B. Miller (“Plaintiff”) filed this action on December 10, 2019, against defendants Jackie A. Abboud, APLC, erroneously sued as Jackie Antoinette Abboud (“Abboud”), Brian Lepak & Associates PC, erroneously sued as Brian Patrick Lepak (“Lepak”), Trope & Trope, LLP, and Sorrell Trope (“Trope Defendants”) (collectively, “Defendants”). The Complaint asserts causes of action for (1) professional negligence, and (2) violation of Business and Professions Code sections 17200 et seq.

Abboud now demurs to the Complaint on the ground that each cause of action fails to state facts sufficient to constitute a cause of action. (Code Civ. Proc., § 430.10, subd. (e).) Abboud also moves to strike portions of the Complaint.

Lepak also demurs to the Complaint on the grounds that (1) each cause of action fails to state facts sufficient to constitute a cause of action, (2) the Complaint is uncertain, and (3) each cause of action is barred by the statute of limitations. (Code Civ. Proc., § 430.10, subds. (e), (f).) The Trope Defendants filed a joinder in Lepak’s demurrer to the Complaint.

On October 19, 2020, Plaintiff filed an opposition to the demurrers in which he states that he seeks leave to amend the Complaint and that Defendants’ demurrers “should be taken off calendar or sustained with 30 days leave to amend.” (Plaintiff’s Opposition, filed October 19, 2020, p. 3:20-23.)

On January 4, 2021, Plaintiff filed his “Notice of Intention by Plaintiff to File and Serve First Amended Complaint, Making Present Demurrers and Motion to Strike on Calendar Moot.” In that document, Plaintiff states that he is in the process of drafting and filing his First Amended Complaint, and requests that he be allowed to file and serve the First Amended Complaint within 30 days of the date of hearing on Defendants’ demurrers. (Plaintiff’s Notice of Intention, filed January 4, 2021, pp. 1:25-2:4.)

In light of Plaintiff’s failure to oppose Defendants’ demurrers on the merits and Plaintiff’s requests for leave to file his First Amended Complaint, the court sustains Defendants’ demurrers to the Complaint with leave to amend. The court denies Abboud’s motion to strike as moot.

ORDER

For the reasons set forth above, the court orders as follows.

The court sustains defendant Jackie A. Abboud, APLC’s, erroneously sued as Jackie Antoinette Abboud, demurrer to Plaintiff’s Complaint, with leave to amend. The court denies Abboud’s motion to strike as moot.

The court sustains defendants Brian Lepak & Associates PC, erroneously sued as Brian Patrick Lepak, Trope & Trope LLP, and Sorrell Trope’s demurrer to Plaintiff’s Complaint, with leave to amend.

The court grants plaintiff Michael B. Miller leave to file and serve a First Amended Complaint within 20 days of the date of service of this order. If no First Amended Complaint is filed within 20 days of the date of service of this order, Defendants are ordered to lodge and serve a proposed order of dismissal of the Complaint within 30 days of the date of service of this order.

The court orders Defendants to give notice of this order.

IT IS SO ORDERED.

DATED: February 25, 2021

_____________________________

Robert B. Broadbelt III

Judge of the Superior Court


[1] On April 22, 2020, defendants Trope & Trope LLP and Sorrell Trope filed a joinder in defendant Brian Lepak & Associates PC’s demurrer to the Complaint, filed April 15, 2020. It appears that the court erroneously calendared that demurrer or the joinder in the demurrer as a “Motion to Join Necessary party in Defendant Brian Lepak & Assocates’ Demurrer.”

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