This case was last updated from Los Angeles County Superior Courts on 11/16/2021 at 09:58:06 (UTC).

THE LAW FIRM OF FOX AND FOX, A GENERAL PARTNERSHIP COMPOSED OF FRANK O. FOX AND CLAIRE S. FOX VS DAVID J ITZIKMAN

Case Summary

On 08/10/2020 THE LAW FIRM OF FOX AND FOX, A GENERAL PARTNERSHIP COMPOSED OF FRANK O FOX AND CLAIRE S FOX filed a Contract - Other Contract lawsuit against DAVID J ITZIKMAN. 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 Dockets

 

Case Details

  • Case Number:

    *******0117

  • Filing Date:

    08/10/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

THE LAW FIRM OF FOX AND FOX A GENERAL PARTNERSHIP COMPOSED OF FRANK O. FOX AND CLAIRE S. FOX

Defendant

ITZIKMAN DAVID J

Attorney/Law Firm Details

Plaintiff Attorney

FOX FRANK OLIVER

Defendant Attorney

GRAJEWSKI WAYNE S

Court Documents

Court documents are not available for this case.

 

Docket Entries

  • 01/10/2023
  • Hearing01/10/2023 at 09:30 AM in Department 40 at 111 North Hill Street, Los Angeles, CA 90012; Jury Trial

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  • 12/09/2022
  • Hearing12/09/2022 at 08:30 AM in Department 40 at 111 North Hill Street, Los Angeles, CA 90012; Final Status Conference

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  • 10/27/2022
  • Hearing10/27/2022 at 08:30 AM in Department 40 at 111 North Hill Street, Los Angeles, CA 90012; Status Conference

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  • 10/12/2021
  • Docketat 08:30 AM in Department 40; Case Management Conference - Held

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  • 10/12/2021
  • DocketMinute Order ( (Case Management Conference)); Filed by Clerk

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  • 10/12/2021
  • DocketNotice (of Trial Setting); Filed by THE LAW FIRM OF FOX AND FOX, a General Partnership Composed of Frank O. Fox and Claire S. Fox (Plaintiff)

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  • 10/08/2021
  • DocketNotice of Posting of Jury Fees; Filed by DAVID J ITZIKMAN (Defendant)

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  • 10/07/2021
  • DocketProof of Service (not Summons and Complaint); Filed by THE LAW FIRM OF FOX AND FOX, a General Partnership Composed of Frank O. Fox and Claire S. Fox (Plaintiff)

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  • 10/07/2021
  • DocketCase Management Statement; Filed by THE LAW FIRM OF FOX AND FOX, a General Partnership Composed of Frank O. Fox and Claire S. Fox (Plaintiff)

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  • 09/27/2021
  • DocketCase Management Statement; Filed by DAVID J ITZIKMAN (Defendant)

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47 More Docket Entries
  • 10/14/2020
  • DocketNotice (OF CONTINUANCE); Filed by THE LAW FIRM OF FOX AND FOX, a General Partnership Composed of Frank O. Fox and Claire S. Fox (Plaintiff)

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  • 10/14/2020
  • DocketProof of Personal Service; Filed by THE LAW FIRM OF FOX AND FOX, a General Partnership Composed of Frank O. Fox and Claire S. Fox (Plaintiff)

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  • 09/17/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk

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  • 09/17/2020
  • DocketNotice Re: Continuance of Hearing and Order; Filed by Clerk

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  • 08/19/2020
  • DocketOrder to Show Cause Failure to File Proof of Service; Filed by Clerk

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  • 08/19/2020
  • DocketNotice of Case Management Conference; Filed by Clerk

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  • 08/10/2020
  • DocketCivil Case Cover Sheet; Filed by THE LAW FIRM OF FOX AND FOX, a General Partnership Composed of Frank O. Fox and Claire S. Fox (Plaintiff)

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  • 08/10/2020
  • DocketComplaint; Filed by THE LAW FIRM OF FOX AND FOX, a General Partnership Composed of Frank O. Fox and Claire S. Fox (Plaintiff)

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  • 08/10/2020
  • DocketSummons (on Complaint); Filed by THE LAW FIRM OF FOX AND FOX, a General Partnership Composed of Frank O. Fox and Claire S. Fox (Plaintiff)

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  • 08/10/2020
  • DocketNotice of Case Assignment - Unlimited Civil Case; Filed by Clerk

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Tentative Rulings

Case Number: 20STCV30117    Hearing Date: February 17, 2021    Dept: 40

DEFAULT JUDGMENT PROVE-UP CHECKLIST

(CRC Rule 3.1800)

Case Name: The Law Firm of Fox and Fox v. David J. Itzikman

Case #: 20STCV30117 Hearing Date: 2/17/21 (OSC Re: entry of default judgment)

Defaulting Party: Defendant David J. Itzikman Total Amount: $66,123.43

BACKGROUND: Plaintiff The Law Firm of Fox and Fox (“Plaintiff”) represented Defendant David J. Itzikman (“Defendant”) in the latter’s divorce. Defendant allegedly failed to pay Plaintiff’s fees as required by the retainer agreement he executed.

[X] DEFAULT ENTERED ON: 12/8/20

[X] MANDATORY JUDICIAL COUNCIL FORM CIV-100 SUBMITTED FOR ENTRY OF

COURT JUDGMENT (CRC 3.1800(a))

[X] SERVICE:

Summons and Complaint

[X] DECLARATION OF MAILING -- Request for Entry of Default to Defendant (CCP § 587)

[X] NO PENDING MOTION TO VACATE DEFAULT

[X] SUMMARY OF CASE PROVIDED (CRC 3.1800(a)(1)) - or other declaration OK [X]

[X] EVIDENTIARY DECLARATIONS/OTHER EVIDENCE (CRC 3.1800(a)(2))

[X] RELIEF PRAYED FOR IN COMPLAINT (same as requested in default?): [X] yes[ ] no

[ ] Damages $ 61,169.44

Special: $

General: $

[X] Interest: $ 2,228.91

[X] Costs: $ 500.00

[X] Attorney’ Fees: $ 2,225.08

Total: $ 66,123.43

[X] INTEREST COMPUTATIONS (CRC 3.1800(a)(3))

[X] ATTORNEY FEE DECLARATION -- Request according to Local Rule 3.214 or reason provided why greater fees should be allowed (CRC 3.1800(b))

[X] Request for atty fees allowed by statute or agreement of parties (CRC 3.1800(a)(9)): Permitted by the Retainer Agreement. (Decl. Fox, Ex. B, p. 8 of 9.)

[X] MEMORANDUM OF COSTS (CRC 3.1800(a)(4))

[n/a] STATEMENT OF DAMAGES (CCP § 425.11):

[X] DECLARATION OF NON-MILITARY STATUS executed within 6 months?

Date: 12-14-20

[X] REQUEST FOR DISMISSAL OF DOES (CRC 3.1800(a)(7))

[n/a] WAS DEFAULTING DEFENDANT A DOE? (CCP § 474) -

[n/a] ORIGINALS Promissory note or other written obligation

[X] PROPOSED FORM OF JUDGMENT INCLUDED (CRC 3.1800(a)(6))

RECOMMENDATION:

Default was entered on December 8, 2020. Plaintiff filed an answer on December 17, 2020. Because no motion to set aside the default has been filed and granted, the answer is void. “The entry of a default terminates a defendant’s rights to take any further affirmative steps in the litigation until either its default is set-aside or a default judgment is entered. A defendant against whom a default has been entered is out of court and is not entitled to take any further steps in the cause affecting plaintiff's right of action; he cannot thereafter, until such default is set aside in a proper proceeding, file pleadings or move for a new trial or demand notice of subsequent proceedings.” Devlin v. Kearny Mesa AMC/Jeep/Renault, Inc. (1984) 155 Cal.App.3d 381, 385-386.

The matter is submitted on declaration pursuant to Code of Civil Procedure section 585(d) and Default judgment by Court is entered for Plaintiff The Law Firm of Fox and Fox against Defendant David J. Itzikman on the Complaint filed on 8/10/2020 for damages in the amount of $61,169.44, for interest in the amount of $2,228.91, for costs in the amount of $500.00, and attorneys’ fees in the amount of $2,225.08, for a total amount of $66,123.43.

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