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

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiffs and Petitioners

KOLODNY STEPHEN A.

KOLODNY & ANTEAU

KOLODNY LAW GROUP

Defendants and Respondents

MOFFATT KIMBERLY

DOES 1 TO 50

Attorney/Law Firm Details

Plaintiff and Petitioner Attorneys

MATTHAI EDITH R. ESQ.

MATTHAI EDITH RAE

Defendant Attorneys

GIBSON STEVEN A.

KURTZ GARY ALAN ESQ.

MEEKER JENNIFER L

 

Court Documents

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...)

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 (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

ANSWER TO UNVERIFIED COMPLAINT WITH AFFIRMATIVE DEFENSES

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

CASE MANAGEMENT STATEMENT -

3/9/2018: CASE MANAGEMENT STATEMENT -

PROOF OF SERVICE OF SUMMONS

3/16/2018: PROOF OF SERVICE OF SUMMONS

ORDER GRANTING APPPLICATION FOR ADMISSION PRO HAC VICE OF ATTORNEY JODI DONETTA LOWRY

3/26/2018: ORDER GRANTING APPPLICATION FOR ADMISSION PRO HAC VICE OF ATTORNEY JODI DONETTA LOWRY

Minute Order -

4/27/2018: Minute Order -

PLAINTIFF KOLODNY LAW GROUP?S IK&A'SI NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF HEIDI MADZAR

5/11/2018: PLAINTIFF KOLODNY LAW GROUP?S IK&A'SI NOTICE OF MOTION AND MOTION TO COMPEL ARBITRATION; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF HEIDI MADZAR

OPPOSITION TO MOTION TO COMPEL ARBITRATION OR, IN THE ALTERNATIVE, FOR LEAVE TO AMEND THE CROSS-COMPLAINT AND ADD PARTIES

5/22/2018: OPPOSITION TO MOTION TO COMPEL ARBITRATION OR, IN THE ALTERNATIVE, FOR LEAVE TO AMEND THE CROSS-COMPLAINT AND ADD PARTIES

OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL ARBITRATION

5/22/2018: OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL ARBITRATION

REPLY IN SUPPORT OF MOTION TO COMPEL ARBITRATION

5/29/2018: REPLY IN SUPPORT OF MOTION TO COMPEL ARBITRATION

OBJECTION TO DEFENDANT'S REPLY TO PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION TO COMPEL ARBITRATION OR, IN THE ALTERNATIVE, TO AMEND CROSS-COMPLAINT AND ADD PARTIES.

6/1/2018: OBJECTION TO DEFENDANT'S REPLY TO PLAINTIFFS' OPPOSITION TO DEFENDANT'S MOTION TO COMPEL ARBITRATION OR, IN THE ALTERNATIVE, TO AMEND CROSS-COMPLAINT AND ADD PARTIES.

Minute Order -

9/12/2018: Minute Order -

Stipulation and Order - STIPULATION AND ORDER JOINT STIPULATION TO CONTINUE ALL-PURPOSE STATUS CONFERENCE FROM APRIL 17, 2019 TO JUNE 10, 2019; ORDER

4/12/2019: Stipulation and Order - STIPULATION AND ORDER JOINT STIPULATION TO CONTINUE ALL-PURPOSE STATUS CONFERENCE FROM APRIL 17, 2019 TO JUNE 10, 2019; ORDER

ORDER TO SHOW CAUSE HEARING

1/8/2018: ORDER TO SHOW CAUSE HEARING

NOTICE OF CASE MANAGEMENT CONFERENCE

1/8/2018: NOTICE OF CASE MANAGEMENT CONFERENCE

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

    Read MoreRead Less
  • 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

    Read MoreRead Less
  • 03/17/2020
  • Hearing03/17/2020 at 08:30 AM in Department 58 at 111 North Hill Street, Los Angeles, CA 90012; Status Conference

    Read MoreRead Less
  • 12/11/2019
  • Docketat 08:30 AM in Department 58; Status Conference (ReArbitration Status) - Held

    Read MoreRead Less
  • 12/11/2019
  • Docketat 08:30 AM in Department 58; Status Conference (ReArbitration) - Held

    Read MoreRead Less
  • 12/11/2019
  • DocketMinute Order ( (Status Conference Re: Arbitration;)); Filed by Clerk

    Read MoreRead Less
  • 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)

    Read MoreRead Less
  • 08/27/2019
  • Docketat 1:30 PM in Department 58; Court Order

    Read MoreRead Less
  • 08/27/2019
  • DocketMinute Order ( (Court Order)); Filed by Clerk

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

    Read MoreRead Less
63 More Docket Entries
  • 02/07/2018
  • DocketCross-Complaint; Filed by Defendant and Cross-Complainant

    Read MoreRead Less
  • 02/07/2018
  • DocketCROSS-COMPLAINT TO COMPEL ARBITRATION AND CONFIRM ARBITRATION AWARD

    Read MoreRead Less
  • 02/07/2018
  • DocketAnswer; Filed by Defendant and Cross-Complainant

    Read MoreRead Less
  • 01/08/2018
  • DocketOSC-Failure to File Proof of Serv; Filed by Clerk

    Read MoreRead Less
  • 01/08/2018
  • DocketNotice of Case Management Conference; Filed by Clerk

    Read MoreRead Less
  • 01/08/2018
  • DocketNOTICE OF CASE MANAGEMENT CONFERENCE

    Read MoreRead Less
  • 01/08/2018
  • DocketORDER TO SHOW CAUSE HEARING

    Read MoreRead Less
  • 12/22/2017
  • DocketSUMMONS

    Read MoreRead Less
  • 12/22/2017
  • DocketComplaint; Filed by Stephen A. Kolodny (Plaintiff); Kolodny & Anteau (Plaintiff); Kolodny Law Group (Plaintiff)

    Read MoreRead Less
  • 12/22/2017
  • DocketCOMPLAINT FOR: 1. BREACH OF CONTRACT; ETC

    Read MoreRead Less

Tentative Rulings

Case Number: BC687950    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.: BC687950 (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.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where KOLODNY & ANTEAU is a litigant

Latest cases where KOLODNY LAW GROUP A PROFESSIONAL CORPORATION A CALIFORNIA CORPORATION is a litigant

Latest cases represented by Lawyer Edith Rae Matthai