This case was last updated from Los Angeles County Superior Courts on 05/25/2019 at 04:58:29 (UTC).

NATASHA WHITE FAMILY REVOCABLE TRUST VS COLEMAN SMITH

Case Summary

On 12/12/2017 NATASHA WHITE FAMILY REVOCABLE TRUST filed a Contract - Other Contract lawsuit against COLEMAN SMITH. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is RICHARD E. RICO. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****6078

  • Filing Date:

    12/12/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

RICHARD E. RICO

 

Party Details

Plaintiff and Petitioner

NATASHA WHITE FAMILY REVOCABLE TRUST

Defendants and Respondents

COLEMAN LEOTIS

THE SERVICE COMPANY ESCROW

BIRCHER LESHAN

SMITH COLEMAN

DOES 1 TO 50

SMITH ELLIS C

COLEMAN SMITH INC. DBA THE SERVICE COMPANY

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

RANSOM CHAROLETTA J. ESQ.

RANSOM CHAROLETTA J.

Defendant Attorney

COCHRAN MARY E.

 

Court Documents

REQUEST FOR ENTRY OF DEFAULT

2/1/2018: REQUEST FOR ENTRY OF DEFAULT

REQUEST FOR ENTRY OF DEFAULT

3/1/2018: REQUEST FOR ENTRY OF DEFAULT

REQUEST FOR ENTRY OF DEFAULT

3/7/2018: REQUEST FOR ENTRY OF DEFAULT

Minute Order

3/12/2018: Minute Order

Minute Order

4/19/2018: Minute Order

CASE MANAGEMENT CONFERENCE DECLARATION OF PLAINTIFF'S COUNSEL, CHAROLETTA J. RANSOM, REGARDING DISCOVERY ISSUES.

6/21/2018: CASE MANAGEMENT CONFERENCE DECLARATION OF PLAINTIFF'S COUNSEL, CHAROLETTA J. RANSOM, REGARDING DISCOVERY ISSUES.

Minute Order

6/25/2018: Minute Order

PROOF OF SERVICE BY FIRST-CLASS MAIL - CIVIL

7/27/2018: PROOF OF SERVICE BY FIRST-CLASS MAIL - CIVIL

PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT AND DECLARATION OF CHAROLETTA RANSOM

8/23/2018: PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT AND DECLARATION OF CHAROLETTA RANSOM

PROOF OF SERVICE BY FIRST-CLASS MAIL

8/23/2018: PROOF OF SERVICE BY FIRST-CLASS MAIL

Unknown

9/28/2018: Unknown

MOTION TO STRIKE ANSWER MOTION FOR LEAVE TO FILE FAC

9/28/2018: MOTION TO STRIKE ANSWER MOTION FOR LEAVE TO FILE FAC

Case Management Statement

10/31/2018: Case Management Statement

Motion for Order

2/8/2019: Motion for Order

Case Management Statement

2/28/2019: Case Management Statement

Minute Order

3/4/2019: Minute Order

Minute Order

3/27/2019: Minute Order

VERIFIFD COMPLAINT FOR: 1. NEGLIGENCE ;ETC

12/12/2017: VERIFIFD COMPLAINT FOR: 1. NEGLIGENCE ;ETC

37 More Documents Available

 

Docket Entries

  • 05/10/2019
  • Answer (to Complaint); Filed by Ellis C Smith (Defendant)

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  • 04/04/2019
  • Notice ( of Continuance of CMC and OSC re FTA by Defense Counsel); Filed by NATASHA WHITE FAMILY REVOCABLE TRUST (Plaintiff)

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  • 03/27/2019
  • at 08:30 AM in Department 17, Richard E. Rico, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Taken Off Calendar by Party

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  • 03/27/2019
  • at 08:30 AM in Department 17, Richard E. Rico, Presiding; Status Conference - Held - Continued

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  • 03/27/2019
  • Minute Order ( (Status Conference)); Filed by Clerk

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  • 03/08/2019
  • at 08:30 AM in Department 17, Richard E. Rico, Presiding; Hearing on Motion to Compel Discovery (not "Further Discovery") - Not Held - Advanced and Continued - by Court

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  • 03/04/2019
  • at 08:30 AM in Department 17, Richard E. Rico, Presiding; Status Conference - Held - Continued

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  • 03/04/2019
  • at 08:30 AM in Department 17, Richard E. Rico, Presiding; Hearing on Motion to Vacate (Motion to Vacate and Motion for an Order to Vacate the First Amended Complaint and or set Aside the Order Granting Motion for Leave to Amend the First Amended Complaint) - Held - Motion Granted

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  • 03/04/2019
  • Minute Order ( (Hearing on Motion to Vacate Motion to Vacate and Motion for a...)); Filed by Clerk

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  • 03/04/2019
  • Order (ORDER ON TENTATIVE RULING); Filed by Clerk

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69 More Docket Entries
  • 02/13/2018
  • Notice of Case Management Conference; Filed by Clerk

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  • 02/01/2018
  • REQUEST FOR ENTRY OF DEFAULT

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  • 02/01/2018
  • Request for Entry of Default / Judgment; Filed by Plaintiff/Petitioner

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  • 12/29/2017
  • PROOF OF SERVICE SUMMONS

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  • 12/29/2017
  • PROOF OF SERVICE SUMMONS

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  • 12/29/2017
  • Proof-Service/Summons; Filed by NATASHA WHITE FAMILY REVOCABLE TRUST (Plaintiff)

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  • 12/29/2017
  • PROOF OF SERVICE SUMMONS

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  • 12/12/2017
  • SUMMONS

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  • 12/12/2017
  • VERIFIFD COMPLAINT FOR: 1. NEGLIGENCE ;ETC

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  • 12/12/2017
  • Complaint; Filed by NATASHA WHITE FAMILY REVOCABLE TRUST (Plaintiff)

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Tentative Rulings

Case Number: BC686078    Hearing Date: September 21, 2020    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

NATASHA WHITE FAMILY REVOCABLE TRUST, by and through, NATASHA S. WHITE, Trustee

vs.

COLEMAN SMITH, INC dba THE SERVICE COMPANY ESCROW, et al.

Case No.: BC686078

Hearing Date: September 11, 2020

On August 23, 2018, Plaintiff Natasha White Family Revocable Trust, by and through the Trustor, Natasha S. White filed a first amended complaint (FAC) against Defendants Coleman Smith, Inc. dba the Service Company Escrow, Leotis Coleman in his professional and individual capacity, and Leshan Bircher in her professional and individual capacity, alleging: (1) negligence; (2) negligent hiring, supervision, and retention; (3) breach of contract; (4) negligent misrepresentation; (5) negligent infliction of emotional distress; (6) breach of fiduciary duty; (7) conversion; (8) accounting; and (9) common count.

Plaintiff has a pending stipulation for Judgment with Defendants Leotis Coleman and Ellis C. Smith.

Defendant Coleman Smith, Inc. was dismissed from the action on January 21, 2020.

Default was entered against Leshan Bircher on March 1, 2018.

Plaintiff now moves for default judgment against Leshan Bircher for $241.307.72, based on alleged damages arising from his alleged conduct as an escrow agent while participating in the sale escrow of Plaintiff’s property.

The Court has identified the following problems with the default judgment packet:

· Plaintiff’s default judgment packet submits a copy of the verified original complaint. (Ransom Decl., Exh. A.) However, a FAC was filed on August 23, 2018. As such, the original complaint is no longer operative.

· Plaintiff seeks a default judgment on all causes of action. However, Plaintiff has submitted no evidence which could support her first, second, fourth, fifth, or sixth cause of action. If Plaintiff wishes to move for a judgement on these causes of action, Plaintiff must submit evidence which speaks to each element of each cause of action.

· Even for those causes of action for which Plaintiff has submitted evidence, the Court finds Plaintiff’s packet insufficient and very difficult to follow. Plaintiff’s prove up must provide greater clarity on how the submitted evidence supports her cause of actions. For example, Plaintiff points to Exh. 1 as purporting to show she is entitled to $241,307.22. However, this document is nothing more than a list of figures and entities. There is no way to authenticate this document, and there is nothing provided which would allow the Court to substantiate any of the information stated within.

· As submitted, the Court is at a loss to see how the submitted evidence establishes that Plaintiff was owed $241,307.22, and that Plaintiff repeatedly demanded this money be paid out to no avail.

Case Number: BC686078    Hearing Date: June 22, 2020    Dept: 17

Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

NATASHA WHITE FAMILY, et al.

vs.

COLEMAN SMITH, INC., et al.

Case No.: BC686078

Hearing Date: June 22, 2020

On December 12, 2017, Plaintiff Natasha White Family Revocable Trust, by and through the Trustor, Natasha S. White filed suit against Coleman Smith, the Service company Escrow, Leotis Coleman, and Leshan Bircher.

Plaintiff has entered into settlement agreements with all defendants except for Leshan Bircher.

Default was entered against Leshan Bircher (Defendant) on March 7, 2018. Plaintiff now moves to enter a default judgment against Defendant.

Factual Background

Plaintiff claims that Defendant owes $264,226 from the sales proceeds of the property that defendants were holding in escrow for Plaintiff’s benefit.

Outstanding Issues with Plaintiff’s Default Judgment packet:

Plaintiff must submit documentation that corroborates Plaintiff’s contention that she is owed an additional $264,226 under the agreement, and that this amount is outstanding.

Parties who intend to submit on this tentative must send an email to the court at smcdept17@lacourt.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org.  If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If all parties to a motion submit, the court will adopt this tentative as the final order. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.

Due to Covid-19, the court is strongly discouraging in-person appearances. Parties, counsel, and court reporters present are subject to temperature checks and health inquiries, and will be denied entry if admission could create a public health risk. The court encourages the parties wishing to argue to appear via CourtCall. For more information, please contact the court clerk at (213) 633-0517. Your understanding during these difficult times is appreciated.

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