This case was last updated from Los Angeles County Superior Courts on 07/28/2020 at 10:01:14 (UTC).

SEAN CUNNINGHAM VS PINEAPPLE EXPRESS INC

Case Summary

On 12/11/2017 SEAN CUNNINGHAM filed an Other lawsuit against PINEAPPLE EXPRESS INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is EDWARD B. MORETON. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****1779

  • Filing Date:

    12/11/2017

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Other

  • County, State:

    Los Angeles, California

Judge Details

Presiding Judge

EDWARD B. MORETON

 

Party Details

Petitioner and Plaintiff

CUNNINGHAM SEAN

Respondent and Defendant

PINEAPPLE EXPRESS INC

Not Classified By Court

SKY ISLAND INC. THIRD PARTY

PINEAPPLE VENTURES INC. THIRD PARTY

Attorney/Law Firm Details

Petitioner, Plaintiff and Defendant Attorneys

LABOR COMMISSION STATE OF CALIFORNIA

DIBA KASEY

SIROTA BRIAN LEE

Defendant and Not Classified By Court Attorney

SIROTA BRIAN LEE

 

Court Documents

Notice - NOTICE OF CONTINUED DEBTOR EXAM TO JANUARY 7, 2020

12/30/2019: Notice - NOTICE OF CONTINUED DEBTOR EXAM TO JANUARY 7, 2020

Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATI...)

1/7/2020: Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATI...)

Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATI...)

11/13/2019: Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATI...)

Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

10/29/2019: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATI...)

10/7/2019: Minute Order - MINUTE ORDER (HEARING ON APPLICATION FOR ORDER FOR APPEARANCE AND EXAMINATI...)

Minute Order - MINUTE ORDER (HEARING ON MOTION FOR PROTECTIVE ORDER)

10/2/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION FOR PROTECTIVE ORDER)

Notice of Ruling - NOTICE OF RULING NOTICE OF RULING RE: MOTION FOR A PROTECTIVE ORDER FOR JAMIE ORTEGA

10/4/2019: Notice of Ruling - NOTICE OF RULING NOTICE OF RULING RE: MOTION FOR A PROTECTIVE ORDER FOR JAMIE ORTEGA

Order - ORDER (EX-PARTE)SHORTENING TIME

8/19/2019: Order - ORDER (EX-PARTE)SHORTENING TIME

Proof of Service (not Summons and Complaint)

6/27/2019: Proof of Service (not Summons and Complaint)

Substitution of Attorney

6/14/2019: Substitution of Attorney

Minute Order - MINUTE ORDER (HEARING ON MOTION TO TAX COSTS)

6/4/2019: Minute Order - MINUTE ORDER (HEARING ON MOTION TO TAX COSTS)

Opposition - OPPOSITION TO DEFENDANT'S MOTION TO STRIKE COSTS OR TAX COSTS; DECLARATION OF FRANCIS DONOHUE; AND EXHIBITS

5/20/2019: Opposition - OPPOSITION TO DEFENDANT'S MOTION TO STRIKE COSTS OR TAX COSTS; DECLARATION OF FRANCIS DONOHUE; AND EXHIBITS

Application and Order for Appearance and Examination

7/25/2018: Application and Order for Appearance and Examination

Application for Issuance of Writ of Execution, Possession or Sale

1/28/2019: Application for Issuance of Writ of Execution, Possession or Sale

Minute Order - Minute Order (Hearing on Application for Order for Appearance and Examinati...)

1/16/2019: Minute Order - Minute Order (Hearing on Application for Order for Appearance and Examinati...)

REQUEST THAT CLERK ENTER JUDGMENT AND JUDGMENT ON FINAL ORDER, DECISION OR AWARD OF THE LABOR COMMISSIONER

12/11/2017: REQUEST THAT CLERK ENTER JUDGMENT AND JUDGMENT ON FINAL ORDER, DECISION OR AWARD OF THE LABOR COMMISSIONER

REQUEST THAT CLERK ENTER JUDGMENT

12/11/2017: REQUEST THAT CLERK ENTER JUDGMENT

36 More Documents Available

 

Docket Entries

  • 03/11/2020
  • 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

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  • 01/15/2020
  • DocketWrit of Execution ((Los Angeles)); Filed by Sean Cunningham (Plaintiff)

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  • 01/08/2020
  • DocketApplication for Issuance of Writ of Execution, Possession or Sale; Filed by Sean Cunningham (Plaintiff)

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  • 01/08/2020
  • DocketNotice ( of Continued Debtor Exam to March 11, 2020); Filed by Sean Cunningham (Plaintiff)

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  • 01/07/2020
  • 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 - Continued - Stipulation

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  • 01/07/2020
  • DocketMinute Order ( (Hearing on Application for Order for Appearance and Examinati...)); Filed by Clerk

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  • 12/30/2019
  • DocketNotice (of Continued Debtor Exam to January 7, 2020); Filed by Sean Cunningham (Plaintiff)

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  • 11/13/2019
  • Docketat 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 MoreRead Less
  • 11/13/2019
  • DocketMinute Order ( (Hearing on Application for Order for Appearance and Examinati...)); Filed by Clerk

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  • 10/29/2019
  • DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by Sean Cunningham (Plaintiff)

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51 More Docket Entries
  • 07/26/2018
  • DocketMEMO OF COSTS AFTER JUDGEMENT, ACKNOWLEDGEMENT OF CREDIT AND DECLARATION OF ACCRUED INTEREST

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  • 07/26/2018
  • DocketCost Bill After Judgment; Filed by Plaintiff/Petitioner

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  • 07/25/2018
  • DocketApplication and Order for Appearance and Examination; Filed by Plaintiff/Petitioner

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  • 07/25/2018
  • DocketAPPLICATION AND ORDER FOR APPEARANCE AND EXAMINATION ENFORCEMENT OF JUDGMENT JUDGMENT DEBTOR

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  • 04/24/2018
  • DocketAbstract of Judgment - Civil and Small Claims; Filed by Creditor

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  • 04/24/2018
  • DocketWrit-Other Issued; Filed by Creditor

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  • 12/11/2017
  • DocketREQUEST THAT CLERK ENTER JUDGMENT

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  • 12/11/2017
  • DocketREQUEST THAT CLERK ENTER JUDGMENT AND JUDGMENT ON FINAL ORDER, DECISION OR AWARD OF THE LABOR COMMISSIONER

    Read MoreRead Less
  • 12/11/2017
  • DocketRequest; Filed by Plaintiff/Petitioner

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  • 12/11/2017
  • DocketRequest; Filed by null

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Tentative Rulings

b'

Case Number: BS171779 Hearing Date: August 20, 2021 Dept: 40

MOVING PARTY: Plaintiff Sean Cunningham

\r\n\r\n

\r\n\r\n

Plaintiff Sean\r\nCunningham requests that the Court amend the Judgment issued in this case to\r\nadd Pineapple, Inc. a Nevada Corporation, as a judgment debtor on the grounds\r\nthat Pineapple, Inc. a Nevada Corporation is the successor to defendant\r\nPineapple Express, Inc., a Wyoming Corporation.

\r\n\r\n

\r\n\r\n

Standard:\r\nCode of Civil Procedure § 187 in relevant part states that: “When jurisdiction\r\nis, by the Constitution or this Code, or by any other statute, conferred on a\r\nCourt or judicial officer, all the means necessary to carry it into effect are\r\nalso given; and in the exercise of this jurisdiction, if the course of\r\nproceeding be not specifically pointed out by this Code or the statute, any\r\nsuitable process or mode of proceeding may be adopted which may appear most\r\nconformable to the spirit of this Code.”

\r\n\r\n

\r\n\r\n

GRANTED

\r\n\r\n

\r\n\r\n

Here, Plaintiff has provided Articles of Merger and an SEC\r\n8-K filing showing that Pineapple Express merged with Pineapple Express, Inc.\r\n(Mtn., Exs 1, 2.) Per the terms of the Merger Agreement “Pineapple succeeded to\r\nthe ownership of all of Pineapple Express’ assets and

\r\n\r\n

has the rights, power and privileges and assumed all of\r\nPineapple Express’ obligations.” (Id. at Ex. 2, p. 2.) Thus, Pineapple Inc, is\r\nthe successor and has assumed the judgment issued against Pineapple Express,\r\nand the judgment will be amended to reflect that. (See McClellan v.\r\nNorthridge Park Townhome Owners Ass’n. (2001) 89 Cal.App.4th, 746, 754-755\r\n[“a motion pursuant to the procedural mechanism of section 187 enables the\r\ncourt to consider disregarding the corporate entity on any of several theories\r\nin order to add an additional judgment debtor…. Disregarding the corporate\r\nentity by finding successor liability was proper.”].)

\r\n\r\n

\r\n\r\n

The motion is Granted.

\r\n\r\n

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