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This case was last updated from Los Angeles County Superior Courts on 06/11/2019 at 10:22:51 (UTC).

NICOLE Y JACKSON VS ASPIRE PUBLIC SCHOOLS

Case Summary

On 08/29/2017 NICOLE Y JACKSON filed an Other lawsuit against ASPIRE PUBLIC SCHOOLS. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are EDWARD B. MORETON, JR. and EDWARD B. MORETON. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****0641

  • Filing Date:

    08/29/2017

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Other

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

EDWARD B. MORETON, JR.

EDWARD B. MORETON

 

Party Details

Plaintiffs and Petitioners

ASPIRE PUBLIC SCHOOLS

SCHOOLS ASPIRE PUBLIC

Appellant

JACKSON NICOLE Y.

Plaintiff and Respondent

SCHOOLS ASPIRE PUBLIC

Attorney/Law Firm Details

Other Attorneys

CALDWELL LESLIE & PROCTOR PC

 

Court Documents

Minute Order

4/26/2018: Minute Order

PROOF OF ELECTRONIC SERVICE

5/21/2018: PROOF OF ELECTRONIC SERVICE

NOTICE OF INTENT TO FILE MOTION FOR A NEW TRIAL

5/25/2018: NOTICE OF INTENT TO FILE MOTION FOR A NEW TRIAL

PROOF OF SERVICE BY FIRST-CLASS MAIL-CIVIL

6/14/2018: PROOF OF SERVICE BY FIRST-CLASS MAIL-CIVIL

ORDER GRANTING DEFENDANT ASPIRE PUBLIC SCHOOLS' MOTION FOR NONSUIT AND DISMISSING ACTION WITH PREJUDICE

6/15/2018: ORDER GRANTING DEFENDANT ASPIRE PUBLIC SCHOOLS' MOTION FOR NONSUIT AND DISMISSING ACTION WITH PREJUDICE

PLAINTIFF NICOLE Y. JACKSON?S MOTION TO SET ASIDE AND VACATE DISMISSAL JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF NICOLE V. JACKSON; EXHIBITS; DISCOVERY RESPONSES [PROPOSED] ORD

6/22/2018: PLAINTIFF NICOLE Y. JACKSON?S MOTION TO SET ASIDE AND VACATE DISMISSAL JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF NICOLE V. JACKSON; EXHIBITS; DISCOVERY RESPONSES [PROPOSED] ORD

MEMORANDUM OF COSTS (SUMMARY)

7/9/2018: MEMORANDUM OF COSTS (SUMMARY)

DECLARATION OF KIMBERLY M. SINGER IN SUPPORT OF DEFENDANT ASPIRE PUBLIC SCHOOLS' MOTION FOR ATTORNEYS' FEES

7/16/2018: DECLARATION OF KIMBERLY M. SINGER IN SUPPORT OF DEFENDANT ASPIRE PUBLIC SCHOOLS' MOTION FOR ATTORNEYS' FEES

Other -

10/12/2018: Other -

Notice of Ruling

10/29/2018: Notice of Ruling

Minute Order

11/19/2018: Minute Order

Ex Parte Application

12/10/2018: Ex Parte Application

Unknown

1/10/2019: Unknown

Notice: Waiver of Court Fees (Superior Court)

1/22/2019: Notice: Waiver of Court Fees (Superior Court)

Unknown

2/7/2019: Unknown

Unknown

2/15/2019: Unknown

Abstract of Judgment?Civil and Small Claims

6/4/2019: Abstract of Judgment?Civil and Small Claims

Unknown

12/20/2017: Unknown

48 More Documents Available

 

Docket Entries

  • 06/04/2019
  • Abstract of Judgment - Civil and Small Claims; Filed by ASPIRE PUBLIC SCHOOLS (Plaintiff)

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  • 06/04/2019
  • Writ of Execution ((Los Angeles)); Filed by ASPIRE PUBLIC SCHOOLS (Plaintiff)

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  • 06/03/2019
  • Application and Order for Appearance and Examination; Filed by ASPIRE PUBLIC SCHOOLS (Plaintiff)

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  • 06/03/2019
  • Declaration (DECLARATION OF NATHAN D. WIRTSCHAFTER IN SUPPORT OF DEFENDANT'S APPLICATION FOR ISSUANCE OF WRIT OF EXECUTION AND ABSTRACT OF JUDGEMENT); Filed by ASPIRE PUBLIC SCHOOLS (Plaintiff)

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  • 05/15/2019
  • Appeal - Remittitur - Appeal Dismissed (B294962); Filed by Clerk

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  • 05/15/2019
  • Notice (Notice of Association of Counsel for Defendant Aspire Public Schools); Filed by ASPIRE PUBLIC SCHOOLS (Plaintiff)

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  • 04/26/2019
  • Clerk's Notice of Non-Compliance of Default on Appeal (NOA:01/04/19 B294962); Filed by Clerk

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  • 03/19/2019
  • Appeal - Notice of Default Issued; Filed by Clerk

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  • 02/22/2019
  • Order on Court Fee Waiver (Superior Court); Filed by Clerk

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  • 02/15/2019
  • Appellate Order Reinstating Appeal (Order reinstating appeal filed 1/4/19); Filed by Clerk

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84 More Docket Entries
  • 12/20/2017
  • CASE MANAGEMENT STATEMENT

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  • 12/20/2017
  • CASE MANAGEMENT STATEMENT

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  • 12/20/2017
  • Notice of Case Management Conference; Filed by ASPIRE PUBLIC SCHOOLS (Plaintiff)

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  • 12/20/2017
  • Proof of Service by Mail; Filed by NICOLE Y. JACKSON (Appellant)

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  • 12/20/2017
  • PROOF OF SERVICE BY FIRST-CLASS MAIL CIVIL

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  • 09/05/2017
  • Notice of Case Management Conference; Filed by Clerk

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  • 08/29/2017
  • NOTICE OF APPEAL

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  • 08/29/2017
  • Proof of Service by 1st Class Mail

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  • 08/29/2017
  • Notice of Appeal; Filed by null

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  • 08/29/2017
  • ORDER ON COURT FEE WAIVER

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Tentative Rulings

Case Number: BS170641    Hearing Date: April 8, 2021    Dept: 26

Jackson v. Aspire Public Schools, et al.

MOTION TO VACATE JUDGMENT

(CCP § 473)

TENTATIVE RULING:

Plaintiff Nicole Y. Jackson’s Motion to Vacate Judgment is PLACED OFF CALENDAR

ANALYSIS:

On August 29, 2017, Plaintiff Nicole Y. Jackson (“Plaintiff”) filed the instant Appeal of Order, Decision or Award of the Labor Commissioner against Defendant Aspire Public Schools (“Defendant”). On May 21, 2018, the Court granted Defendant’s motion for order deeming the matters in Defendant’s First Set of Requests for Admission to Jackson admitted and ordered that any evidence offered by Plaintiff at trial would be excluded. (Order, filed 5/21/18, ¶¶1, 4.) Pursuant to that order, the Court granted Defendant’s motion for nonsuit on the May 23, 2018 trial date pursuant to Code of Civil Procedure section 581. (Minute Order, 5/23/18.) On May 25, 2018, Plaintiff filed a Notice of Motion for New Trial.

Following the trial court’s denial of Plaintiff’s ex parte application to extend the time to file the Motion for New Trial, the order dismissing the action with prejudice was entered on June 15, 2018. On June 22, 2018, Plaintiff filed a Motion to Set Aside and Vacate Dismissal Judgment (“the first Motion to Vacate”). Prior to the hearing, Plaintiff filed a First Amended Motion to Set Aside (“the First Amended Motion to Vacate”). Plaintiff did not appear at the hearing on October 25, 2018 and the Court denied the First Amended Motion to Vacate. (Minute Order, 10/25/18.)

On December 10, 2018, the Court denied Plaintiff’s ex parte application to Set Aside and Vacate Dismissal Judgment. (Minute Order, 12/10/18.) On January 4, 2019, Plaintiff filed a Notice of Appeal of the May 23, 2018 order. The appeal was dismissed on May 14, 2019 due to Plaintiff’s default. (Remittitur, filed 5/15/19.)

On July 30, 2019, Plaintiff filed the second Motion to Set Aside Judgment (“the Second Motion to Vacate”). When neither party appeared at the hearing on January 3, 2020, the Court placed the Second Motion to Vacate off calendar. (Minute Order, 1/3/20.)

Plaintiff filed a third Motion to Set Aside Judgment on September 28, 2020, which was ultimately never heard because Plaintiff took the matter off calendar.

Plaintiff filed the instant (fourth) Motion to Set Aside Judgment (“the instant Motion to Vacate”) on February 16, 2021. Plaintiff filed a notice of non-opposition on March 16, 2021. The instant Motion to Vacate came for hearing on March 25, 2021 and was continued following oral argument. To date, no opposition has been filed.

Discussion

Neither Notice of the instant Motion to Vacate nor the instant Motion to Vacate were served on Defendant. Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) The Court cannot grant the instant Motion to Vacate without a demonstration that proper notice was provided to Defendant.

Furthermore, the trial court already ruled on Plaintiff’s request to vacate a purportedly legally erroneous judgment. On October 25, 2018, the trial court denied Plaintiff’s First Amended Motion to Vacate based on the argument made in Defendant’s opposition, which specifically addressed the propriety of the May 23, 2018 trial order. (Minute Order, 10/25/18; Opp. to First Amended Motion to Vacate, filed 10/12/18, pp. 9:10-19, 11:1-12:8.) In the instant Motion to Vacate, Plaintiff again reiterates her arguments regarding the discovery orders that led up to the trial on May 23, 2018 and the proceedings held on that date. As the trial court already addressed these arguments, it is improper for Plaintiff to bring another motion to vacate on the same basis.

Bringing another motion where the first was denied must be done as a motion for reconsideration pursuant to Code of Civil Procedure section 1008, subdivision (b). The Court, however, has no jurisdiction to hear motions for reconsideration after entry of judgment. (APRI Ins. Co. v. Superior Court (1999) 76 Cal.App.4th 176, 181-182.) Plaintiff’s recourse was to appeal the denial of the First Amended Motion to Vacate Judgment. (Shisler v. Sanfer Sports Cars, Inc. (2008) 167 Cal.App.4th 1, 5 [“an order denying a motion to vacate a void judgment is also appealable.”].) Plaintiff, in fact did file an appeal, which was subsequently dismissed following default. (Remittitur, filed 5/15/19.)

Conclusion

Therefore, Plaintiff Nicole Y. Jackson’s Motion to Vacate Judgment is PLACED OFF CALENDAR.

Court clerk to give notice.

Case Number: BS170641    Hearing Date: March 25, 2021    Dept: 26

Jackson v. Aspire Public Schools, et al.

MOTION TO VACATE DISMISSAL

(CCP §§ 473(b), 664.6)

TENTATIVE RULING:

Plaintiff Nicole Y. Jackson’s Motion to Vacate Void Judgment is PLACED OFF CALENDAR.

 

ANALYSIS:

On August 29, 2017, Plaintiff Nicole Y. Jackson (“Plaintiff”) filed the instant Appeal of Order, Decision or Award of the Labor Commissioner against Defendant Aspire Public Schools (“Defendant”). On May 21, 2018, the Court granted Defendant’s motion for order deeming the matters in Defendant’s First Set of Requests for Admission to Jackson admitted and ordered that any evidence offered by Plaintiff at trial would be excluded. (Order, filed 5/21/18, ¶¶1, 4.) Pursuant to that order, the Court granted Defendant’s motion for nonsuit on the May 23, 2018 trial date pursuant to Code of Civil Procedure section 581. (Minute Order, 5/23/18.) On May 25, 2018, Plaintiff filed a Notice of Motion for New Trial.

Following the trial court’s denial of Plaintiff’s ex parte application to extend the time to file the Motion for New Trial, the order dismissing the action with prejudice was entered on June 15, 2018. On June 22, 2018, Plaintiff filed a Motion to Set Aside and Vacate Dismissal Judgment. Prior to the hearing, Plaintiff filed a First Amended Motion to Set Aside. Plaintiff did not appear at the hearing on October 25, 2018 and the Court denied the First Amended Motion to Vacate Dismissal Judgment. (Minute Order, 10/25/18.)

On December 10, 2018, the Court denied Plaintiff’s ex parte application to Set Aside and Vacate Dismissal Judgment. (Minute Order, 12/10/18.) On January 4, 2019, Plaintiff filed a Notice of Appeal of the May 23, 2018 order. The appeal was dismissed on May 14, 2019 due to Plaintiff’s default. (Remittitur, filed 5/15/19.)

On July 30, 2019, Plaintiff filed the second Motion to Set Aside [Void] Judgment. When neither party appeared at the hearing on January 3, 2020, the Court placed the second Motion to Set Aside Judgment off calendar. (Minute Order, 1/3/20.)

Plaintiff filed the third Motion to Set Aside Void Judgment on September 28, 2020. The third Motion was denied on January 28, 2021.

Plaintiff filed the instant (fourth) Motion to Set Aside Void Judgment on February 16, 2021. Plaintiff filed a notice of non-opposition on March 16, 2021.

Discussion

Neither the Notice of Motion, Motion, nor Notice of Non-Opposition were served on Defendant. Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) The Court cannot grant the instant Motion without a demonstration that proper notice was provided to Defendant.

Furthermore, the Court already ruled on Plaintiff’s third Motion to Set Aside Void Judgment on January 28, 2021. Bringing another motion where the first was denied must be done as a motion for reconsideration pursuant to Code of Civil Procedure section 1008, subdivision (b). The Court, however, has no jurisdiction to hear motions for reconsideration after entry of judgment. (APRI Ins. Co. v. Superior Court (1999) 76 Cal.App.4th 176, 181-182.) Plaintiff’s recourse was to appeal the denial of the Motion to Vacate Judgment. (Shisler v. Sanfer Sports Cars, Inc. (2008) 167 Cal.App.4th 1, 5 [“an order denying a motion to vacate a void judgment is also appealable.”].)

Conclusion

Plaintiff Nicole Y. Jackson’s Motion to Vacate Void Judgment is PLACED OFF CALENDAR.

Court clerk to give notice.

Case Number: BS170641    Hearing Date: January 28, 2021    Dept: 26

Jackson v. Aspire Public Schools, et al.

MOTION TO VACATE DISMISSAL

(CCP §§ 473(b), 664.6)

TENTATIVE RULING:

Plaintiff Nicole Y. Jackson’s Motion to Vacate Void Judgment is DENIED.

ANALYSIS:

On August 29, 2017, Plaintiff Nicole Y. Jackson (“Plaintiff”) filed the instant Appeal of Order, Decision or Award of the Labor Commissioner against Defendant Aspire Public Schools (“Defendant”). On May 21, 2018, the Court granted Defendant’s motion for order deeming the matters in Defendant’s First Set of Requests for Admission to Jackson admitted and ordered that any evidence offered by Plaintiff at trial would be excluded. (Order, filed 5/21/18, ¶¶1, 4.) Pursuant to that order, the Court granted Defendant’s motion for nonsuit on the May 23, 2018 trial date pursuant to Code of Civil Procedure section 581. (Minute Order, 5/23/18.) On May 25, 2018, Plaintiff filed a Notice of Motion for New Trial.

Following the trial court’s denial of Plaintiff’s ex parte application to extend the time to file the Motion for New Trial, the Court dismissed the action with prejudice on June 15, 2018. On June 22, 2018, Plaintiff filed a Motion to Set Aside and Vacate Dismissal. Prior to the hearing, Plaintiff filed a First Amended Motion to Set Aside. Plaintiff did not appear at the hearing on October 25, 2018 and the Court denied the First Amended Motion to Vacate Dismissal of Judgment. (Minute Order, 10/25/18.)

On December 10, 2018, the Court denied Plaintiff’s ex parte application to Set Aside and Vacate Dismissal Judgment. (Minute Order, 12/10/18.) On January 4, 2019, Plaintiff filed a Notice of Appeal of the May 23, 2018 order. The appeal was dismissed on May 14, 2019 due to Plaintiff’s default. (Remittitur, filed 5/15/19.)

On July 30, 2019, Plaintiff filed the second Motion to Set Aside [Void] Judgment. When neither party appeared at the hearing on January 3, 2020, the Court placed the second Motion to Set Aside Judgment off calendar. (Minute Order, 1/3/20.)

Plaintiff filed the instant and third Motion to Set Aside Void Judgment on September 28, 2020. To date, no opposition has been filed.

Discussion

Neither the Notice of Motion nor Motion was served on Defendant. Failure to give notice of a motion is not only a violation of the statutory requirements but of due process. (Code Civ. Proc., § 1005; Jones v. Otero (1984) 156 Cal.App.3d 754, 757.) The Court cannot grant the instant Motion without proper notice to Defendant.

Also, insofar as the Court already ruled on Plaintiff’s First Amended Motion to Set Aside the Judgment of Dismissal, the instant Motion filed on September 28, 2020 is essentially a renewed request for relief already sought and denied. There is no statutory authority allowing a party to repeatedly seek the same relief previously considered and denied. Otherwise, there would be no end to the litigation.

Conclusion

Plaintiff Nicole Y. Jackson’s Motion to Vacate Void Judgment is DENIED.

Court clerk to give notice.