This case was last updated from Los Angeles County Superior Courts on 12/22/2019 at 15:48:45 (UTC).

STEPHEN A KOLODNY ET AL VS KIMBERLY MOFFATT JONES

Case Summary

On 12/22/2017 STEPHEN A KOLODNY filed a Contract - Other Contract lawsuit against KIMBERLY MOFFATT JONES. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The case status is Pending - Other Pending.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    ****7950

  • Filing Date:

    12/22/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiffs

KOLODNY STEPHEN A.

KOLODNY & ANTEAU

KOLODNY LAW GROUP

Defendant

MOFFATT KIMBERLY

Attorney/Law Firm Details

Plaintiff Attorney

MATTHAI EDITH RAE

Defendant Attorneys

GIBSON STEVEN A.

MEEKER JENNIFER L

 

Court Documents

Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (STATUS CONFERENCE RE: ARBITRATION; ORDER TO SHOW CAUSE RE: PO...) OF 06/10/2019

6/10/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (STATUS CONFERENCE RE: ARBITRATION; ORDER TO SHOW CAUSE RE: PO...) OF 06/10/2019

Minute Order - MINUTE ORDER (STATUS CONFERENCE RE: ARBITRATION; ORDER TO SHOW CAUSE RE: PO...)

6/10/2019: Minute Order - MINUTE ORDER (STATUS CONFERENCE RE: ARBITRATION; ORDER TO SHOW CAUSE RE: PO...)

Substitution of Attorney

7/25/2019: Substitution of Attorney

Minute Order - MINUTE ORDER (STATUS CONFERENCE (ALL-PURPOSE))

7/26/2019: Minute Order - MINUTE ORDER (STATUS CONFERENCE (ALL-PURPOSE))

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

8/23/2019: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore

Minute Order - MINUTE ORDER (STATUS CONFERENCE (ALL-PURPOSE))

8/23/2019: Minute Order - MINUTE ORDER (STATUS CONFERENCE (ALL-PURPOSE))

Minute Order - MINUTE ORDER (COURT ORDER)

8/27/2019: Minute Order - MINUTE ORDER (COURT ORDER)

Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 08/27/2019

8/27/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 08/27/2019

Status Report - STATUS REPORT PLAINTIFFS AND CROSS DEFENDANTS STEPHEN A. KOLODNY AND KOLODNY LAW GROUP, APC'S ARBITRATION STATUS REPORT

12/5/2019: Status Report - STATUS REPORT PLAINTIFFS AND CROSS DEFENDANTS STEPHEN A. KOLODNY AND KOLODNY LAW GROUP, APC'S ARBITRATION STATUS REPORT

Minute Order - MINUTE ORDER (STATUS CONFERENCE RE: ARBITRATION;)

12/11/2019: Minute Order - MINUTE ORDER (STATUS CONFERENCE RE: ARBITRATION;)

CROSS-COMPLAINT TO COMPEL ARBITRATION AND CONFIRM ARBITRATION AWARD

2/7/2018: CROSS-COMPLAINT TO COMPEL ARBITRATION AND CONFIRM ARBITRATION AWARD

ANSWER TO UNVERIFIED COMPLAINT WITH AFFIRMATIVE DEFENSES

2/7/2018: ANSWER TO UNVERIFIED COMPLAINT WITH AFFIRMATIVE DEFENSES

APPLICATION FOR ADMISSION PRO HAC VICE OF ATTORNEY JODI DONETTA LOWRY; VERIFIED APPLICATION OF JODI DONETTA LOWRY; ETC.

2/23/2018: APPLICATION FOR ADMISSION PRO HAC VICE OF ATTORNEY JODI DONETTA LOWRY; VERIFIED APPLICATION OF JODI DONETTA LOWRY; ETC.

APPLICATION FOR ADMISSION PRO HAC VICE OF ATTORNEY STEVEN A. GIBSON; VERIFIED APPLICATION OF STEVEN A. GIBSON; ETC,

2/23/2018: APPLICATION FOR ADMISSION PRO HAC VICE OF ATTORNEY STEVEN A. GIBSON; VERIFIED APPLICATION OF STEVEN A. GIBSON; ETC,

NOTICE RE: CONTINUANCE OF HEARING

3/6/2018: NOTICE RE: CONTINUANCE OF HEARING

FAILURE TO FILE PROOF OF SERVICE AND CASE MANAGEMENT CONFERENCE

3/9/2018: FAILURE TO FILE PROOF OF SERVICE AND CASE MANAGEMENT CONFERENCE

CASE MANAGEMENT STATEMENT -

3/9/2018: CASE MANAGEMENT STATEMENT -

STEPHEN A. KOLODNY, KOLODNY & ANTEAU, KOLODNY LAW GROUP AND STEPHEN A. KOLODNY, A PROFESSIONAL CORPORATION'S ANSWER TO CROSS-COMPLAINT OF KIMBERLY MOFFATT JONES

3/15/2018: STEPHEN A. KOLODNY, KOLODNY & ANTEAU, KOLODNY LAW GROUP AND STEPHEN A. KOLODNY, A PROFESSIONAL CORPORATION'S ANSWER TO CROSS-COMPLAINT OF KIMBERLY MOFFATT JONES

35 More Documents Available

 

Docket Entries

05/11/2020

Hearing05/11/2020 at 09:00 AM in Department 58 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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05/05/2020

Hearing05/05/2020 at 09:00 AM in Department 58 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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03/17/2020

Hearing03/17/2020 at 08:30 AM in Department 58 at 111 North Hill Street, Los Angeles, CA 90012; Status Conference

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12/11/2019

Docketat 08:30 AM in Department 58; Status Conference (ReArbitration Status) - Held

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12/11/2019

Docketat 08:30 AM in Department 58; Status Conference (ReArbitration) - Held

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12/11/2019

DocketMinute Order ( (Status Conference Re: Arbitration;)); Filed by Clerk

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12/05/2019

DocketStatus Report (PLAINTIFFS AND CROSS DEFENDANTS STEPHEN A. KOLODNY AND KOLODNY LAW GROUP, APC'S ARBITRATION STATUS REPORT); Filed by Kolodny Law Group (Plaintiff)

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08/27/2019

Docketat 1:30 PM in Department 58; Court Order

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08/27/2019

DocketMinute Order ( (Court Order)); Filed by Clerk

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08/27/2019

DocketCertificate of Mailing for ((Court Order) of 08/27/2019); Filed by Clerk

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63 More Docket Entries
02/07/2018

DocketCross-Complaint; Filed by Defendant and Cross-Complainant

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02/07/2018

DocketCROSS-COMPLAINT TO COMPEL ARBITRATION AND CONFIRM ARBITRATION AWARD

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02/07/2018

DocketAnswer; Filed by Defendant and Cross-Complainant

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01/08/2018

DocketOSC-Failure to File Proof of Serv; Filed by Clerk

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01/08/2018

DocketNotice of Case Management Conference; Filed by Clerk

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01/08/2018

DocketNOTICE OF CASE MANAGEMENT CONFERENCE

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01/08/2018

DocketORDER TO SHOW CAUSE HEARING

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12/22/2017

DocketSUMMONS

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12/22/2017

DocketComplaint; Filed by Stephen A. Kolodny (Plaintiff); Kolodny & Anteau (Plaintiff); Kolodny Law Group (Plaintiff)

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12/22/2017

DocketCOMPLAINT FOR: 1. BREACH OF CONTRACT; ETC

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Tentative Rulings

Case Number: ****7950    Hearing Date: October 29, 2020    Dept: 58

Judge John P. Doyle

Department 58


Hearing Date: October 29, 2020

Case Name: Kolodny, et al. v. Jones, et al.

Case No.: ****7950 (related to case no. 18STCV05929)

Matter: Motion for Reconsideration

Moving Party: Defendant/Cross-Complainant Kimberly Moffatt Jones

Responding Party: Cross-Defendants Stephen A. Kolodny, Kolodny & Anteau, Kolodny Law

Group, and Stephen A. Kolodny, a Professional Corporation


Tentative Ruling: The Motion is denied.


Defendant/Cross-Complainant Kimberly Moffatt Jones seeks for the Court to reconsider its August 2019 order staying the proceedings against the individual Defendants pending arbitration. Defendant provides that Cross-Defendants waived the right to arbitrate by seeking for the arbitration proceedings to be stayed entirely so as to appoint a personal representative for the estate of Stephen A. Kolodny after his passing.

Code Civ. Proc. ; 1008(a) provides, “When an application for an order has been made to a judge, or to a court, and refused in whole or in part, or granted, or granted conditionally, or on terms, any party affected by the order may, within 10 days after service upon the party of written notice of entry of the order and based upon new or different facts, circumstances, or law, make application to the same judge or court that made the order, to reconsider the matter and modify, amend, or revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order or decisions were made, and what new or different facts, circumstances, or law are claimed to be shown.”

Here, the Motion is untimely because it was not filed within ten days of the Court’s August 2019 stay order.

The Motion also substantively lacks merit. “Because arbitration is a highly favored means of settling such disputes, the courts have been admonished to ‘closely scrutinize any allegation of waiver of such favored right’ [Citations], and to ‘indulge every intendment to give effect to such proceedings’ [Citations.]” (Doers v. Golden Gate Bridge etc. Dist. (1979) 23 Cal. 3d 180, 189.) Factor to be considered in evaluating waiver include: “(1) whether the party's actions are inconsistent with the right to arbitrate; (2) whether ‘the litigation machinery has been substantially invoked’ and the parties ‘were well into preparation of a lawsuit’ before the party notified the opposing party of an intent to arbitrate; (3) whether a party either requested arbitration enforcement close to the trial date or delayed for a long period before seeking a stay; (4) whether a defendant seeking arbitration filed a counterclaim without asking for a stay of the proceedings; (5) ‘whether important intervening steps [e.g., taking advantage of judicial discovery procedures not available in arbitration] had taken place’; and (6) whether the delay ‘affected, misled, or prejudiced’ the opposing party.” (Sobremonte v. Superior Court (1998) 61 Cal. App. 4th 980, 992.)

Here, it is not apparent Cross-Defendants’ actions are tantamount to waiver. The stay at issue will expire in November 2020 such that progress for the arbitration proceedings is imminent. In sum, the Motion for Reconsideration is denied.