Not Classified By Court
Property - Other Property Fraud
RICHARD E. RICO
EDWARD B. MORETON
JON R. TAKASUGI
REVOLVE LAW GROUP L.L.P. KIMBERLY WRIGHT
THE KADISH LAW GROUP P.C.
KADISH MICHAEL B
THE LAW OFFICES OF MARC A. LEGGET
LEGGET MARC A
6/3/2020: Appellate Order Reinstating Appeal - APPELLATE ORDER REINSTATING APPEAL NOA: 10/23/19 B301778
7/1/2020: Proof of Service (not Summons and Complaint)
8/4/2020: Condensed Narrative/Settled Statement on Appeal
6/13/2019: Minute Order - MINUTE ORDER (NON-JURY TRIAL)
6/14/2019: Minute Order - MINUTE ORDER (NON-JURY TRIAL)
6/17/2019: Minute Order - MINUTE ORDER (NON-JURY TRIAL)
6/25/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR MINUTE ORDER (COURT ORDER) OF 06/25/2019
6/25/2019: Minute Order - MINUTE ORDER (COURT ORDER)
7/12/2019: Minute Order - MINUTE ORDER (ORDER TO SHOW CAUSE RE: SANCTIONS FOR FAILURE TO PROVIDE COUR...)
7/26/2019: Order - ORDER TENTATIVE RULING
7/29/2019: Certificate of Mailing for - CERTIFICATE OF MAILING FOR (COURT ORDER) OF 07/29/2019, COPY OF COURT'S RULING
7/29/2019: Minute Order - MINUTE ORDER (COURT ORDER)
8/26/2019: Notice of Entry of Judgment / Dismissal / Other Order
8/26/2019: Minute Order - MINUTE ORDER (COURT ORDER)
8/26/2019: Judgment - JUDGMENT - COURT FINDING - AFTER COURT TRIAL - 08/26/2019 ENTERED FOR PLAINTIFF TIMOTHY ROBBINS, AN INDIVIDUAL AGAINST DEFENDANT MARIANNE ALYEA, AN INDIVIDUAL.
9/26/2019: Writ of Execution
9/26/2019: Abstract of Judgment - Civil and Small Claims
DocketCondensed Narrative/Settled Statement on Appeal; Filed by Marianne Alyea (Appellant)[+] Read More [-] Read Less
DocketProof of Service (not Summons and Complaint); Filed by Timothy Robbins (Respondent)[+] Read More [-] Read Less
DocketAppellate Order Reinstating Appeal (NOA: 10/23/19 B301778); Filed by Clerk[+] Read More [-] Read Less
Docketat 09:30 AM in Department 44, Edward B. Moreton, Presiding; Hearing on Motion to Compel (Motion to Compel Responses to Demand for Production) - Held - Motion Granted[+] Read More [-] Read Less
Docketat 08:30 AM in Department 44, Edward B. Moreton, Presiding; Hearing on Application for Order for Appearance and Examination (of MARIANNE ALYEA) - Held[+] Read More [-] Read Less
DocketDeclaration (of Steven Berkowitz in Support of Turnover Order in Aid of Execution); Filed by Timothy Robbins (Plaintiff)[+] Read More [-] Read Less
DocketMinute Order ( (Hearing on Application for Order for Appearance and Examinati...)); Filed by Clerk[+] Read More [-] Read Less
DocketTURNOVER ORDER IN AID OF EXECUTION; Filed by Timothy Robbins (Plaintiff)[+] Read More [-] Read Less
DocketAppeal - Notice of Non-Compliance (NOA:10/23/19 B301778); Filed by Clerk[+] Read More [-] Read Less
DocketOrder (Proposed Order Granting Motion to Compel Responses to Demands for Production of Documents); Filed by Timothy Robbins (Plaintiff)[+] Read More [-] Read Less
DocketAMENDED PROOF OF SERVICE OF SUMMONS[+] Read More [-] Read Less
DocketNOTICE OF CASE MANAGEMENT CONFERENCE[+] Read More [-] Read Less
DocketNotice of Case Management Conference; Filed by Clerk[+] Read More [-] Read Less
DocketREQUEST FOR ENTRY OF DEFAULT[+] Read More [-] Read Less
DocketRequest for Entry of Default / Judgment; Filed by Plaintiff/Petitioner[+] Read More [-] Read Less
DocketProof-Service/Summons; Filed by Timothy Robbins (Plaintiff)[+] Read More [-] Read Less
DocketPROOF OF SERVICE SUMMONS[+] Read More [-] Read Less
DocketComplaint; Filed by Timothy Robbins (Plaintiff)[+] Read More [-] Read Less
DocketSUMMONS[+] Read More [-] Read Less
DocketCOMPLAINT OF TIMOTHY ROBBINS FOR: 1. BREACH OF FIDUCIARY DUTY; ETC[+] Read More [-] Read Less
Case Number: ****8161 Hearing Date: December 15, 2020 Dept: 17
Superior Court of California
County of Los Angeles
Case No.: ****8161
Hearing Date: December 15, 2020
Respondent’s motion for reconsideration is GRANTED to the extent that the Court will attempt to contact the Honorable Judge Rico to determine if he recalls facts pertinent to the settlement statement. The parties are directed to produce a 1-2 page trial summary to be provided to Judge Rico.
On October 16, 2020, this Court signed an order certifying Defendant and Appellant’s Proposed Settlement Statement.
Respondent now moves for reconsideration, requesting that a hearing being held to resolve the parties factual disputes and requesting that Judge Rico be contacted.
Pursuant to Code of Civil Procedure section 1008, subdivision (a), a motion for reconsideration must be brought “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.” (New York Times Co. v. Superior Court (2005) 135 Cal.App.4th 206, 212.)
Respondent requests that: (1) Judge Rico be contacted, citing People v. Hawthorne (1992) 4 Cal.4th 43-65-66; and (2) a hearing being held to resolve the parties factual disputes.
This situation presents a number of difficulties. First, no court reporter was present at the trial, so no official transcript of the proceeding exists. Second, while Judge Rico apparently took notes throughout the trial, the Court has been unable to locate any case file containing those notes. Third, Judge Rico has since retired from the bench.
In Hawthorne, 4 Cal.4th 43-65, the Court faced a comparable situation to that presented here. There, Judge Reid was charged with resolving a settled statement from a trial that was heard and tried by Judge Lew. Judge Lew had since been appointed to the federal bench. Judge Reid was being asked to resolve a factual dispute over what the parties had previously stipulated to during the trial. Given that he had not presided over the trial, Judge Reid contacted Judge Lew and asked him to review the court file to determine whether he might recall any pertinent facts. (Id. at p. 62.) In a submitted declaration, Judge Lew stated that an examination of the file had refreshed his recollection of the relevant testimony, and he provided his recollection of what the parties had, in fact, previously stipulated to. Judge Reid “subsequently prepared an engrossed settlement statement substantially in conformance with Judge Lew’s declaration as reiterated in his testimony.” (Id. at p. 62-63.)
The primary distinction between Hawthorne, and the situation here, is that a case file was available in Hawthorne for both Judge Reid and Judge Lew to review. Here, by contrast, there is no case file, which means that this Court has no means by which to evaluate the contents of the settled statement, nor does it have any documentation to provide Judge Rico in hopes of refreshing his memory.
The Court asks that a 1-2 page trial summary be prepared. This summary will be given to Judge Rico to help refresh his memory of the trial, and hopefully enable him to evaluate the settled statement.
It is so ordered.
Dated: December , 2020
Hon. Jon R. Takasugi Judge of the Superior Court
Parties who intend to submit on this tentative must send an email to the court at firstname.lastname@example.org by 4 p.m. the day prior as directed by the instructions provided on the court website at www.lacourt.org. If a party submits on the tentative, the party’s email must include the case number and must identify the party submitting on the tentative. If all parties to a motion submit, the court will adopt this tentative as the final order. If the department does not receive an email indicating the parties are submitting on the tentative and there are no appearances at the hearing, the motion may be placed off calendar.
Due to Covid-19, the court is strongly discouraging in-person appearances. Parties, counsel, and court reporters present are subject to temperature checks and health inquiries, and will be denied entry if admission could create a public health risk. The court encourages the parties wishing to argue to appear via L.A. Court Connect. For more information, please contact the court clerk at (213) 633-0517. Your understanding during these difficult times is appreciated.
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