This case was last updated from Los Angeles County Superior Courts on 12/27/2021 at 05:26:08 (UTC).

MIP, LLC., A CALIFORNIA LIMITED LIABILITY COMPANY VS MONITOR POLISHING & PLATING, INC., A CALIFORNIA CORPORATION, ET AL.

Case Summary

On 07/14/2021 MIP, LLC , A CALIFORNIA LIMITED LIABILITY COMPANY filed a Contract - Debt Collection lawsuit against MONITOR POLISHING PLATING, INC , A CALIFORNIA CORPORATION. This case was filed in Los Angeles County Superior Courts, Burbank Courthouse located in Los Angeles, California. The Judge overseeing this case is WILLIAM D. STEWART. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0628

  • Filing Date:

    07/14/2021

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Debt Collection

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

WILLIAM D. STEWART

 

Party Details

Plaintiff

MIP LLC. A CALIFORNIA LIMITED LIABILITY COMPANY

Defendants

MERCADO CRISTINA

MERCADO MIGUEL

MONITOR POLISHING & PLATING INC. A CALIFORNIA CORPORATION

Attorney/Law Firm Details

Plaintiff Attorney

MILLER DAVID JESS

Defendant Attorneys

AGEGE ESQ CHARLES O

AGEGE CHARLES ORIGHO

 

Court Documents

Proof of Service by Mail

12/22/2021: Proof of Service by Mail

Notice - NOTICE OF ATTORNEY UNAVAILABILITY

12/22/2021: Notice - NOTICE OF ATTORNEY UNAVAILABILITY

Notice - NOTICE OF CONTINUANCE OF CASE MANAGEMENT CONFERENCE

12/14/2021: Notice - NOTICE OF CONTINUANCE OF CASE MANAGEMENT CONFERENCE

Case Management Statement

12/7/2021: Case Management Statement

Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

12/8/2021: Minute Order - MINUTE ORDER (CASE MANAGEMENT CONFERENCE)

Answer - ANSWER TO COMPLAINT

10/19/2021: Answer - ANSWER TO COMPLAINT

Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE TO VERIFIED CO...)

9/24/2021: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE TO VERIFIED CO...)

Order - ORDER PROPOSED

9/27/2021: Order - ORDER PROPOSED

Proof of Service by Mail

9/20/2021: Proof of Service by Mail

Opposition - OPPOSITION TO DEFENDANT'S DEMURRER TO PLAINTIFF MIP LLCS VERIFIED COMPLAINT

9/20/2021: Opposition - OPPOSITION TO DEFENDANT'S DEMURRER TO PLAINTIFF MIP LLCS VERIFIED COMPLAINT

Proof of Service by Mail

9/24/2021: Proof of Service by Mail

Demurrer - without Motion to Strike - DEFENDANTS' NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF MIP LLC'S VERIFIED COMPLAINT

8/25/2021: Demurrer - without Motion to Strike - DEFENDANTS' NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF MIP LLC'S VERIFIED COMPLAINT

Declaration - DECLARATION OF CHARLES 0. AGEGE AS TO MEET AND CONFER PURSUANT TO CCP SECTION 430.41

8/25/2021: Declaration - DECLARATION OF CHARLES 0. AGEGE AS TO MEET AND CONFER PURSUANT TO CCP SECTION 430.41

Proof of Service by Mail

9/7/2021: Proof of Service by Mail

Notice - NOTICE OF ERRATA TO COMPLAINT

9/8/2021: Notice - NOTICE OF ERRATA TO COMPLAINT

Proof of Personal Service

7/27/2021: Proof of Personal Service

Proof of Service by Substituted Service

7/27/2021: Proof of Service by Substituted Service

Proof of Service by Mail

7/28/2021: Proof of Service by Mail

14 More Documents Available

 

Docket Entries

  • 03/30/2022
  • Hearing03/30/2022 at 08:30 AM in Department A at 300 East Olive, Burbank, CA 91502; Case Management Conference

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  • 12/22/2021
  • DocketProof of Service by Mail; Filed by MIP, LLC., a California limited liability company (Plaintiff)

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  • 12/22/2021
  • DocketNotice (of Attorney Unavailability); Filed by MIP, LLC., a California limited liability company (Plaintiff)

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  • 12/14/2021
  • DocketNotice (of Continuance of Case Management Conference); Filed by MONITOR POLISHING & PLATING, INC., a California corporation (Defendant); MIGUEL MERCADO (Defendant); CRISTINA MERCADO (Defendant)

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  • 12/08/2021
  • Docketat 08:30 AM in Department A, William D. Stewart, Presiding; Case Management Conference - Held - Continued

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  • 12/08/2021
  • DocketMinute Order ( (Case Management Conference)); Filed by Clerk

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  • 12/07/2021
  • DocketCase Management Statement; Filed by MONITOR POLISHING & PLATING, INC., a California corporation (Defendant)

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  • 10/19/2021
  • DocketAnswer (to Complaint); Filed by MIGUEL MERCADO (Defendant); CRISTINA MERCADO (Defendant)

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  • 09/27/2021
  • DocketOrder (re Demurrer); Filed by MIP, LLC., a California limited liability company (Plaintiff)

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  • 09/24/2021
  • Docketat 2:30 PM in Department A, William D. Stewart, Presiding; Hearing on Demurrer - without Motion to Strike (to Verified Complaint Filed by Deft Monitor Polishing & Plating, Inc.) - Held - Motion Denied

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10 More Docket Entries
  • 07/28/2021
  • DocketProof of Service by Mail; Filed by MIP, LLC., a California limited liability company (Plaintiff)

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  • 07/28/2021
  • DocketProof of Service by Mail; Filed by MIP, LLC., a California limited liability company (Plaintiff)

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  • 07/27/2021
  • DocketProof of Personal Service; Filed by MIP, LLC., a California limited liability company (Plaintiff)

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  • 07/27/2021
  • DocketProof of Service by Substituted Service; Filed by MIP, LLC., a California limited liability company (Plaintiff)

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  • 07/14/2021
  • DocketComplaint; Filed by MIP, LLC., a California limited liability company (Plaintiff)

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  • 07/14/2021
  • DocketSummons (on Complaint); Filed by MIP, LLC., a California limited liability company (Plaintiff)

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  • 07/14/2021
  • DocketCivil Case Cover Sheet; Filed by MIP, LLC., a California limited liability company (Plaintiff)

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  • 07/14/2021
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 07/14/2021
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 07/14/2021
  • DocketOrder to Show Cause Failure to File Proof of Service; Filed by Clerk

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Tentative Rulings

b'

Case Number: *******0628 Hearing Date: September 24, 2021 Dept: A

Demurrer

Calendar:

26

Case No.:

*******0628

Hearing Date:

September 24, 2021

Action Filed:

July 14, 2021

Trial Date:

Not Set

MP:

Plaintiff MIP, LLC

RP:

Defendants Monitor Polishing & Plating, Inc; Miguel Mercado; Cristina Mercado

ALLEGATIONS:

Plaintiff MIP, LLC, a California Limited Liability Company("Plaintiff") filed suit against Defendants Monitor Polishing & Plating, Inc., a California Corporation ("MPP"); Miguel Mercado ("Miguel"); and Cristina Mercado ("Cristina", and collectively, "Defendants"), alleging that Plaintiff and MPP entered into a written commercial lease agreement ("Commercial Lease") on or about September 12, 2005, with Miguel and Cristina as guarantors. Plaintiff alleges that MPP defaulted on rental payments due on June 08, 2020 and utilized hazardous substances on the premises in violation of the Commercial Lease; and that both Miguel and Cristina have also refused to pay the sum owed.

Plaintiff filed a Complaint on July 14, 2021 alleging six (6) causes of action sounding in: (1) Breach of Contract; (2) Breach of Guaranty; (3) Open Book Account; (4) Account Stated; (5) Trespass; and (6) Nuisance.

PRESENTATION:

The Court received the Demurrer filed by Defendants on August 25, 2021; and the opposition filed by Plaintiff on September 20, 2021. The Court has not received any reply.

RELIEF REQUESTED:

Defendants demur to the Complaint.

DISCUSSION:

Untimely Opposition – Plaintiff\'s opposition is untimely filed pursuant to CCP ; 1005, which requires opposition briefing to be filed nine court days before the hearing date. Nonetheless, in light of the simple circumstances surrounding the demurrer, the Court should rule on the merits of the demurrer.

Merits – Defendants demur to the Complaint based on a single issue of uncertainty, as the pleading purports to reference and incorporate four attached exhibits but failed to include such exhibits. In opposition, Plaintiff represents that the four exhibits have been filed in a Notice of Errata to Complaint filed on September 08, 2021. This notice cures the sole issue of uncertainty, and so the Court will overrule the demurrer.

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RULING:

In the event the parties submit on this tentative ruling, or a party requests a signed order or the court in its discretion elects to sign a formal order, the following form will be either electronically signed or signed in hard copy and entered into the court’s records.

ORDER

Plaintiff MIP, LLC\'s Demurrer came on regularly for hearing on September 24, 2021, with appearances/submissions as noted in the minute order for said hearing, and the court, being fully advised in the premises, did then and there rule as follows:

THE DEMURRER IS OVERRULED.

DATE: _______________ _______________________________

JUDGE

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