****1779
12/11/2017
Disposed - Judgment Entered
Other
Los Angeles, California
EDWARD B. MORETON
CUNNINGHAM SEAN
PINEAPPLE EXPRESS INC
SKY ISLAND INC. THIRD PARTY
PINEAPPLE VENTURES INC. THIRD PARTY
LABOR COMMISSION STATE OF CALIFORNIA
SIROTA BRIAN LEE
12/30/2019: Notice - NOTICE OF CONTINUED DEBTOR EXAM TO JANUARY 7, 2020
1/7/2020: Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATI...)
1/8/2020: Application for Issuance of Writ of Execution, Possession or Sale
1/8/2020: Notice - NOTICE OF CONTINUED DEBTOR EXAM TO MARCH 11, 2020
1/15/2020: Writ of Execution - WRIT OF EXECUTION (LOS ANGELES)
11/13/2019: Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATI...)
10/29/2019: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest
10/16/2019: Notice - NOTICE OF CONTINUED JUDGMENT DEBTOR EXAM
10/7/2019: Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATI...)
10/2/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR PROTECTIVE ORDER)
10/4/2019: Notice of Ruling - NOTICE OF RULING NOTICE OF RULING RE: MOTION FOR A PROTECTIVE ORDER FOR JAMIE ORTEGA
9/19/2019: Opposition - OPPOSITION TO MOTION FOR A PROTECTIVE ORDER RE: EXAMINATION OF JAMIE ORTEGA AS OFFICER OF PINEAPPLE VENTURES, INC. AND SKY ISLAND, INC.; AND ACCOMPANYING DECL. OF FRANCIS DONOHUE AND EXH
9/5/2019: Proof of Service (not Summons and Complaint)
9/5/2019: Proof of Service (not Summons and Complaint)
8/19/2019: Order - ORDER (EX-PARTE)SHORTENING TIME
8/21/2019: Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATI...)
8/19/2019: Minute Order - MINUTE ORDER (HEARING ON EX PARTE APPLICATION FOR ORDER SHORTENING TIME FOR...)
8/23/2019: Notice - NOTICE OF CONTINUED JUDGMENT DEBTOR EXAM
Docketat 08:30 AM in Department 44, Edward B. Moreton, Presiding; Hearing on Application for Order for Appearance and Examination (of Jaime Ortega) - Not Held - Taken Off Calendar by Party
[-] Read LessDocketWrit of Execution ((Los Angeles)); Filed by Sean Cunningham (Plaintiff)
[-] Read LessDocketApplication for Issuance of Writ of Execution, Possession or Sale; Filed by Sean Cunningham (Plaintiff)
[-] Read LessDocketNotice ( of Continued Debtor Exam to March 11, 2020); Filed by Sean Cunningham (Plaintiff)
[-] Read LessDocketat 08:30 AM in Department 44, Edward B. Moreton, Presiding; Hearing on Application for Order for Appearance and Examination (of Jaime Ortega) - Not Held - Continued - Stipulation
[-] Read LessDocketMinute Order ( (Hearing on Application for Order for Appearance and Examinati...)); Filed by Clerk
[-] Read LessDocketNotice (of Continued Debtor Exam to January 7, 2020); Filed by Sean Cunningham (Plaintiff)
[-] Read LessDocketat 08:30 AM in Department 44, Edward B. Moreton, Presiding; Hearing on Application for Order for Appearance and Examination (of Jaime Ortega) - Held - Continued
[-] Read LessDocketMinute Order ( (Hearing on Application for Order for Appearance and Examinati...)); Filed by Clerk
[-] Read LessDocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by Sean Cunningham (Plaintiff)
[-] Read LessDocketMEMO OF COSTS AFTER JUDGEMENT, ACKNOWLEDGEMENT OF CREDIT AND DECLARATION OF ACCRUED INTEREST
[-] Read LessDocketCost Bill After Judgment; Filed by Plaintiff/Petitioner
[-] Read LessDocketApplication and Order for Appearance and Examination; Filed by Plaintiff/Petitioner
[-] Read LessDocketAPPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION ENFORCEMENT OF JUDGMENT JUDGMENT DEBTOR
[-] Read LessDocketAbstract of Judgment - Civil and Small Claims; Filed by Creditor
[-] Read LessDocketWrit-Other Issued; Filed by Creditor
[-] Read LessDocketREQUEST THAT CLERK ENTER JUDGMENT
[-] Read LessDocketREQUEST THAT CLERK ENTER JUDGMENT AND JUDGMENT ON FINAL ORDER, DECISION OR AWARD OF THE LABOR COMMISSIONER
[-] Read LessDocketRequest; Filed by Plaintiff/Petitioner
[-] Read LessDocketRequest; Filed by null
[-] Read LessCase Number: ****1779 Hearing Date: August 20, 2021 Dept: 40
MOVING PARTY: Plaintiff Sean Cunningham
Plaintiff Sean Cunningham requests that the Court amend the Judgment issued in this case to add Pineapple, Inc. a Nevada Corporation, as a judgment debtor on the grounds that Pineapple, Inc. a Nevada Corporation is the successor to defendant Pineapple Express, Inc., a Wyoming Corporation.
Standard: Code of Civil Procedure ; 187 in relevant part states that: “When jurisdiction is, by the Constitution or this Code, or by any other statute, conferred on a Court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of proceeding be not specifically pointed out by this Code or the statute, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of this Code.”
GRANTED
Here, Plaintiff has provided Articles of Merger and an SEC 8-K filing showing that Pineapple Express merged with Pineapple Express, Inc. (Mtn., Exs 1, 2.) Per the terms of the Merger Agreement “Pineapple succeeded to the ownership of all of Pineapple Express’ assets and
has the rights, power and privileges and assumed all of Pineapple Express’ obligations.” (Id. at Ex. 2, p. 2.) Thus, Pineapple Inc, is the successor and has assumed the judgment issued against Pineapple Express, and the judgment will be amended to reflect that. (See McClellan v. Northridge Park Townhome Owners Ass’n. (2001) 89 Cal.App.4th, 746, 754-755 [“a motion pursuant to the procedural mechanism of section 187 enables the court to consider disregarding the corporate entity on any of several theories in order to add an additional judgment debtor…. Disregarding the corporate entity by finding successor liability was proper.”].)
The motion is Granted.
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