This case was last updated from Los Angeles County Superior Courts on 10/07/2020 at 22:23:45 (UTC).

ROBERT J GIRARD II ET AL VS CHRISTOPHER SMITH

Case Summary

On 02/14/2018 ROBERT J GIRARD II filed a Contract - Other Contract lawsuit against CHRISTOPHER 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 RANDOLPH M. HAMMOCK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****3774

  • Filing Date:

    02/14/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

RANDOLPH M. HAMMOCK

 

Party Details

Petitioners and Plaintiffs

GIRARD JOANNA

GIRARD ROBERT J. II.

Defendants and Respondents

ROWLANDS MARK

SMITH CHRISTOPHER

SMITH PATRICIA

CRISCI DANIEL

PARADIM PROPERTY MANAGEMENT SERVICES INC

DOES 1 TO 10

Guardian Ad Litem

GIRARD ROBERT J. II AND INDIVIDUALLY

Minor

G. ROBERT

Attorney/Law Firm Details

Petitioner, Plaintiff and Minor Attorneys

GIRARD BENGALI APC

ROZANSKY NICHOLAS ANTON

BALICE JOSEPH GEORGE

Defendant and Respondent Attorneys

VARAND VARTANIAN ESQ.

BARATTA JAMES M. ESQ.

CALDWELL SUSAN L. ESQ.

CALDWELL SUSAN LAUREN ESQ.

BARATTA JAMES MARK ESQ.

 

Court Documents

Complaint - Second Amended Complaint

11/21/2018: Complaint - Second Amended Complaint

Declaration - DECLARATION DECLARATION OF SUSAN CALDWELL RE: MEET AND CONFER IN SUPPORT OF DEFENDANTS' DEMURRER AND MOTION TO STRIKE SECOND AMENDED COMPLAINT

3/8/2019: Declaration - DECLARATION DECLARATION OF SUSAN CALDWELL RE: MEET AND CONFER IN SUPPORT OF DEFENDANTS' DEMURRER AND MOTION TO STRIKE SECOND AMENDED COMPLAINT

Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE; HEARING ON MO...)

4/4/2019: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE; HEARING ON MO...)

Order - RULING-DEMURRERS TO SECOND AMENDED COMPLAINT; MOTION TO STRIKE

4/4/2019: Order - RULING-DEMURRERS TO SECOND AMENDED COMPLAINT; MOTION TO STRIKE

Answer - ANSWER ANSWER OF DEFENDANTS CHRISTOPHER SMITH, PARADIGM MANAGEMENT, INC., AND DANIEL CRISCI TO SECOND AMENDED COMPLAINT

5/17/2019: Answer - ANSWER ANSWER OF DEFENDANTS CHRISTOPHER SMITH, PARADIGM MANAGEMENT, INC., AND DANIEL CRISCI TO SECOND AMENDED COMPLAINT

Demurrer - without Motion to Strike

5/29/2019: Demurrer - without Motion to Strike

Declaration - DECLARATION OF JOSEPH G. BALICE ISO DEMURRER TO DEFENDANTS' ANSWER TO SECOND AMENDED COMPLAINT

5/29/2019: Declaration - DECLARATION OF JOSEPH G. BALICE ISO DEMURRER TO DEFENDANTS' ANSWER TO SECOND AMENDED COMPLAINT

Opposition - OPPOSITION DEFENDANTS' OPPOSITION TO PLAINTIFFS' DEMURRER TO ANSWER TO SECOND AMENDED COMPLAINT; DECLARATION OF SUSAN L. CALDWELL

7/2/2019: Opposition - OPPOSITION DEFENDANTS' OPPOSITION TO PLAINTIFFS' DEMURRER TO ANSWER TO SECOND AMENDED COMPLAINT; DECLARATION OF SUSAN L. CALDWELL

Reply - REPLY IN SUPPORT OF DEMURRER TO DEFENDANTS' ANSWER TO SECOND AMENDED COMPLAINT

7/3/2019: Reply - REPLY IN SUPPORT OF DEMURRER TO DEFENDANTS' ANSWER TO SECOND AMENDED COMPLAINT

Declaration - DECLARATION REPLY IN SUPPORT OF DEMURRER TO DEFENDANTS' ANSWER TO SECOND AMENDED COMPLAINT

7/3/2019: Declaration - DECLARATION REPLY IN SUPPORT OF DEMURRER TO DEFENDANTS' ANSWER TO SECOND AMENDED COMPLAINT

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

7/12/2019: Minute Order - MINUTE ORDER (HEARING ON DEMURRER - WITHOUT MOTION TO STRIKE)

Order - RULING-DEMURRER TO ANSWER

7/12/2019: Order - RULING-DEMURRER TO ANSWER

Declaration - DECLARATION OF JOSEPH G. BALICE IN SUPPORT OF MOTION FOR A PROTECTIVE ORDER AND FOR SANCTIONS

7/15/2019: Declaration - DECLARATION OF JOSEPH G. BALICE IN SUPPORT OF MOTION FOR A PROTECTIVE ORDER AND FOR SANCTIONS

Motion for Order - MOTION FOR ORDER PROTECTIVE ORDER AND FOR SANCTIONS

7/15/2019: Motion for Order - MOTION FOR ORDER PROTECTIVE ORDER AND FOR SANCTIONS

Answer - ANSWER -AMENDED

8/16/2019: Answer - ANSWER -AMENDED

Opposition - OPPOSITION DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR PROTECTIVE ORDER AND SANCTIONS;AND REQUEST BY DEFENDANTS' REQUEST FOR FEES AND COSTS ASSOCIATED WITH OPPOSING THIS MOTION IN TH

8/21/2019: Opposition - OPPOSITION DEFENDANTS' OPPOSITION TO PLAINTIFFS' MOTION FOR PROTECTIVE ORDER AND SANCTIONS;AND REQUEST BY DEFENDANTS' REQUEST FOR FEES AND COSTS ASSOCIATED WITH OPPOSING THIS MOTION IN TH

Reply - REPLY IN SUPPORT OF PLAINTIFFS' MOTION FOR PROTECTIVE ORDER AND FOR SANCTIONS

8/26/2019: Reply - REPLY IN SUPPORT OF PLAINTIFFS' MOTION FOR PROTECTIVE ORDER AND FOR SANCTIONS

Declaration - DECLARATION IN SUPPORT OF PLAINTIFFS' REPLY IN SUPPORT OF MOTION FOR PROTECTIVE ORDER AND FOR SANCTIONS

8/26/2019: Declaration - DECLARATION IN SUPPORT OF PLAINTIFFS' REPLY IN SUPPORT OF MOTION FOR PROTECTIVE ORDER AND FOR SANCTIONS

93 More Documents Available

 

Docket Entries

  • 12/13/2021
  • Hearing12/13/2021 at 09:30 AM in Department 47 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 12/07/2021
  • Hearing12/07/2021 at 09:30 AM in Department 47 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 09/10/2020
  • Docketat 08:30 AM in Department 47, Randolph M. Hammock, Presiding; Hearing on Motion for Summary Judgment - Not Held - Rescheduled by Party

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  • 08/14/2020
  • Docketat 09:30 AM in Department 47, Randolph M. Hammock, Presiding; Trial Setting Conference - Held

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  • 08/14/2020
  • DocketMinute Order ( (Trial Setting Conference)); Filed by Clerk

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  • 07/13/2020
  • Docketat 09:30 AM in Department 47, Randolph M. Hammock, Presiding; Jury Trial - Not Held - Advanced and Vacated

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  • 07/07/2020
  • Docketat 08:30 AM in Department 47, Randolph M. Hammock, Presiding; Final Status Conference - Not Held - Advanced and Vacated

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  • 06/12/2020
  • Docketat 08:30 AM in Department 47, Randolph M. Hammock, Presiding; Post-Mediation Status Conference - Not Held - Advanced and Vacated

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  • 06/11/2020
  • Docketat 08:30 AM in Department 47, Randolph M. Hammock, Presiding; Hearing on Motion for Summary Judgment - Not Held - Rescheduled by Party

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  • 04/28/2020
  • DocketNotice (of Court's Vacation of Upcoming Hearing Dates and Scheduling of Trial Setting Conference); Filed by Joanna Girard (Plaintiff); Robert J. Girard, II. (Plaintiff); Jack G. (Plaintiff) et al.

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164 More Docket Entries
  • 03/06/2018
  • DocketSummons Issued; Filed by Clerk

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  • 03/06/2018
  • DocketSUMMONS

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  • 03/01/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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  • 03/01/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 02/27/2018
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 02/27/2018
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL EX PARTE

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  • 02/27/2018
  • DocketApplication ; Filed by Plaintiff/Petitioner

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  • 02/27/2018
  • DocketAPPLICATION AND ORDER FOR APPOINTMENT OF GUARDIAN AD LITEM-CIVIL EX PARTE

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  • 02/14/2018
  • DocketCOMPLAINT

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  • 02/14/2018
  • DocketComplaint; Filed by Joanna Girard (Plaintiff)

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Tentative Rulings

b'

Case Number: BC693774 Hearing Date: November 2, 2021 Dept: 47

Tentative Ruling

Judge Theresa M. Traber, Department 47

HEARING DATE:\tNovember 2, 2021\t\t\tTRIAL DATE: December 13, 2021

CASE: \tRobert J. Girard II, et al. v. Christopher Smith, et al.

CASE NO.: \t\tBC693774

MOTION FOR SUMMARY ADJUDICATION

MOVING PARTY:\tDefendants Christopher Smith, Daniel Crisci, and Paradigm Management, Inc.

RESPONDING PARTY(S): Plaintiffs Robert J. Girard II, Joanna Girard, Robert G., and Jack G.

PROOF OF SERVICE:

  • Correct Address: Yes.

  • 75/77/80 (CCP § 437c(a)): OK (by email, given the parties’ stipulation discussed below). Served by mail and email on August 19, 2021 (75 days).

CASE HISTORY:

  • 02/14/18: Complaint filed.

  • 08/03/18: First Amended Complaint filed.

  • 09/21/18: Defendant Patricia Smith dismissed without prejudice.

  • 11/21/18: Second Amended Complaint filed.

STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:

Plaintiffs allege that Defendants leased a house to Plaintiffs that was contaminated with toxic mold that caused health problems for Plaintiffs.

Defendants move for summary adjudication.

TENTATIVE RULING:

Defendants’ motion for summary adjudication is DENIED.

Each\r\n material fact contained in the separate statement must be “followed by a\r\n reference to the supporting evidence.” (CCP § 437c(b)(1).) Citation to the evidence in support of each material fact “must include reference to the exhibit, title, page, and line numbers.” (CRC 3.1350(d)(3), bold emphasis added.)

Here,\r\n none of Defendants’ references to declarations or deposition testimony \r\nin their separate statement include any references to page or line \r\nnumbers (or even paragraphs) in those documents. In\r\n their reply, Defendants attempt to dismiss this failure to comply with \r\nthe applicable rules by arguing that most of the facts are undisputed \r\nand therefore whether they provided these specific citations is \r\nirrelevant. (Reply, at p. 5.) It is not the Court’s burden, however, to\r\n wade through hundreds of pages of deposition testimony or hundreds of \r\nparagraphs of declarations – 500 pages of evidence in all – in an attempt to determine whether Defendants have met their prima facie burden, which they must satisfy even if Plaintiffs do not dispute particular facts.

Accordingly, the motion is DENIED.

Moving party to give notice, unless waived.

IT IS SO ORDERED.

Dated: November 2, 2021\t\t\t___________________________________

Theresa M. Traber

Judge of the Superior Court

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