This case was last updated from Los Angeles County Superior Courts on 01/11/2022 at 04:47:02 (UTC).

RODEO EXOTIC RENTALS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, ET AL. VS IMMANUEL JUSTIN LOVINGOOD, ET AL.

Case Summary

On 11/05/2020 RODEO EXOTIC RENTALS, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY filed a Contract - Other Contract lawsuit against IMMANUEL JUSTIN LOVINGOOD. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judges overseeing this case are RUTH ANN KWAN and CURTIS A. KIN. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2681

  • Filing Date:

    11/05/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judges

RUTH ANN KWAN

CURTIS A. KIN

 

Party Details

Plaintiffs

TARR IRSHAAD

RODEO EXOTIC RENTALS LLC A CALIFORNIA LIMITED LIABILITY COMPANY

RODEO EXOTIC RENTALS LLC

Defendants and Cross Defendants

JAMES PAMELA

LOVINGOOD IMMANUEL JUSTIN

WHITE TYWON TYSON

Defendant and Cross Plaintiff

LOVINGOOD IMMANUEL JUSTIN

Attorney/Law Firm Details

Plaintiff Attorneys

THOMAS BRYAN

THOMAS BRYAN M.

Defendant and Cross Plaintiff Attorney

PATTON CHRISTOPHER L.

Cross Defendant Attorney

TUSA DANIEL PATRICK

 

Court Documents

Minute Order - MINUTE ORDER (STATUS CONFERENCE)

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

Notice of Ruling

12/8/2021: Notice of Ruling

Case Management Statement

11/23/2021: Case Management Statement

Case Management Statement

12/2/2021: Case Management Statement

Notice of Change of Firm Name

12/2/2021: Notice of Change of Firm Name

Motion for Determination of Good Faith Settlement (CCP 877.6)

10/28/2021: Motion for Determination of Good Faith Settlement (CCP 877.6)

Minute Order - MINUTE ORDER (COURT ORDER)

10/19/2021: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 10/19/2021

10/19/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 10/19/2021

Notice of Related Case

10/14/2021: Notice of Related Case

Notice of Related Case

10/14/2021: Notice of Related Case

Minute Order - MINUTE ORDER (HEARING ON MOTION TO SET ASIDE/VACATE DEFAULT (CCP 473.5))

10/5/2021: Minute Order - MINUTE ORDER (HEARING ON MOTION TO SET ASIDE/VACATE DEFAULT (CCP 473.5))

Reply - REPLY TO OPPOSITION

8/12/2021: Reply - REPLY TO OPPOSITION

Declaration - DECLARATION OF MARVIN AMOROSO, ESQ. IN SUPPORT OF DEFENDANT/CROSS-COMPLAINANT IMMANUEL JUSTIN LOVINGOODS OPPOSITION TO CROSS-DEFENDANTS TYWON TYSON WHITE AND PAMELA JAMESS MOTION TO SE

8/5/2021: Declaration - DECLARATION OF MARVIN AMOROSO, ESQ. IN SUPPORT OF DEFENDANT/CROSS-COMPLAINANT IMMANUEL JUSTIN LOVINGOODS OPPOSITION TO CROSS-DEFENDANTS TYWON TYSON WHITE AND PAMELA JAMESS MOTION TO SE

Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW)

8/5/2021: Minute Order - MINUTE ORDER (NON-APPEARANCE CASE REVIEW)

Opposition - OPPOSITION TO CROSS-DEFENDANTS TYWON TYSON WHITE AND PAMELA JAMES MOTION TO SET ASIDE DEFAULT JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MARVIN AMOROSO, ESQ.

8/5/2021: Opposition - OPPOSITION TO CROSS-DEFENDANTS TYWON TYSON WHITE AND PAMELA JAMES MOTION TO SET ASIDE DEFAULT JUDGMENT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF MARVIN AMOROSO, ESQ.

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW) OF 08/05/2021

8/5/2021: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (NON-APPEARANCE CASE REVIEW) OF 08/05/2021

Notice - NOTICE OF CASE REASSIGNMENT

6/17/2021: Notice - NOTICE OF CASE REASSIGNMENT

Notice of Case Reassignment and Order for Plaintiff to Give Notice

6/7/2021: Notice of Case Reassignment and Order for Plaintiff to Give Notice

41 More Documents Available

 

Docket Entries

  • 02/22/2022
  • Hearing02/22/2022 at 08:30 AM in Department 72 at 111 North Hill Street, Los Angeles, CA 90012; Status Conference

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  • 02/10/2022
  • Hearing02/10/2022 at 08:30 AM in Department 72 at 111 North Hill Street, Los Angeles, CA 90012; Hearing on Motion for Determination of Good Faith Settlement (CCP 877.6)

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  • 12/08/2021
  • Docketat 08:30 AM in Department 72, Curtis A. Kin, Presiding; Status Conference - Held - Continued

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

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  • 12/08/2021
  • DocketNotice of Ruling; Filed by Rodeo Exotic Rentals, LLC (Plaintiff); Irshaad Tarr (Plaintiff)

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  • 12/02/2021
  • DocketNotice of Change of Firm Name; Filed by Immanuel Justin Lovingood (Defendant)

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  • 12/02/2021
  • DocketCase Management Statement; Filed by Immanuel Justin Lovingood (Defendant)

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  • 11/23/2021
  • DocketCase Management Statement; Filed by Rodeo Exotic Rentals, LLC (Plaintiff); Irshaad Tarr (Plaintiff)

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  • 10/28/2021
  • DocketMotion for Determination of Good Faith Settlement (CCP 877.6); Filed by Tywon Tyson White (Defendant); Pamela James (Defendant)

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  • 10/19/2021
  • Docketat 1:30 PM in Department 72, Curtis A. Kin, Presiding; Court Order

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47 More Docket Entries
  • 12/18/2020
  • DocketSummons (on Complaint); Filed by Immanuel Justin Lovingood (Defendant)

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  • 12/18/2020
  • DocketCross-Complaint; Filed by Immanuel Justin Lovingood (Defendant)

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  • 12/18/2020
  • DocketAnswer; Filed by Immanuel Justin Lovingood (Defendant)

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  • 12/18/2020
  • DocketNotice of Posting of Jury Fees; Filed by Immanuel Justin Lovingood (Defendant)

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  • 12/03/2020
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 12/03/2020
  • DocketOrder to Show Cause Failure to File Proof of Service; Filed by Clerk

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  • 11/05/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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  • 11/05/2020
  • DocketSummons (on Complaint); Filed by Rodeo Exotic Rentals, LLC (Plaintiff); Irshaad Tarr (Plaintiff)

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  • 11/05/2020
  • DocketCivil Case Cover Sheet; Filed by Rodeo Exotic Rentals, LLC (Plaintiff); Irshaad Tarr (Plaintiff)

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  • 11/05/2020
  • DocketComplaint; Filed by Rodeo Exotic Rentals, LLC (Plaintiff); Irshaad Tarr (Plaintiff)

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Tentative Rulings

b"

Case Number: 20STCV42681 Hearing Date: October 5, 2021 Dept: 72

MOTION TO SET ASIDE DEFAULT

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Date: 10/5/21\r\n(9:30 AM)

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Case: Rodeo Exotic Rentals, LLC, et\r\nal. v. Lovingood, et al. (20STCV42681)

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TENATIVE RULING:

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Cross-defendants Tywon Tyson White and Pamela James’s Motion\r\nto Set Aside Default is GRANTED.

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Cross-defendants demonstrate that the entry of default\r\nagainst them was the result of surprise. (State Farm Fire & Casualty Co.\r\nv. Pietak (2001) 90 Cal.App.4th 600, 611, quoting Credit Managers Assn.\r\nv. National Independent Business Alliance (1984) 162 Cal.App.3d 1166, 1173\r\n[surprise defined as “some condition or situation in which a party…is\r\nunexpectedly placed to his injury, without any default or negligence of his\r\nown, which ordinary prudence could not have guarded against”].)

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Cross-complainant Immanuel Justin Lovingood knew that\r\ncross-defendants were represented by counsel. \r\nIndeed, Lovingood requested the Court enter default against\r\ncross-defendants the day after counsel for cross-defendants contacted counsel\r\nfor Lovingood and attempted to resolve the matter. (See Tusa Decl. ¶¶ 3-5 & Ex. 2.) Moreover,\r\nwhile figuratively rushing to the courthouse to obtain default in secret,\r\nLovingood’s requests for entry of default against cross-defendants, filed April\r\n9, 2021, were not served on cross-defendants’ counsel. A party’s attorney\r\nseeking default has an ethical duty to notify opposing counsel that the\r\nattorney intends to seek a default. (Lasalle v. Vogel (2019) 36 Cal.\r\nApp.5th 127, 135 [“The State Bar Civility Guidelines deplore the conduct of an\r\nattorney who races opposing counsel to the courthouse to enter a default before\r\na responsive pleading can be filed. [Citation.] Accordingly, it is now\r\nwell-acknowledged that an attorney has an ethical obligation to warn opposing\r\ncounsel that the attorney is about to take an adversary's default”].)\r\nCross-complainant does not deny the failure to notify cross-defendants’ counsel\r\nbefore seeking entry of default. (Opp. at 6-7.)

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Accordingly, cross-defendants are entitled to relief from\r\ndefault based on surprise.

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Although the motion was not accompanied by an answer, this\r\ndefect was remedied in the reply. (Tusa Reply Decl. ¶ 2 & Ex. A.) That constitutes sufficient compliance with\r\nthe requirements of CCP § 473(b) to obtain relief. (Carmel, Ltd. v. Tavoussi (2009) 175\r\nCal.App.4th 393, 401-403 [proposed answer made available at the hearing on the\r\nmotion].)

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Pursuant to CCP § 473(b), the motion is GRANTED. The defaults\r\nagainst Tywon Tyson White and Pamela James entered on April 9, 2021 are SET ASIDE.\r\nWithin five (5) court days hereof, cross-defendants\r\nshall file their Answer to the Cross-Complaint as proposed in the reply.

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