This case was last updated from Riverside County Superior Courts on 04/13/2022 at 20:00:01 (UTC).

MICHAEL A. CAPOZZA vs JOSEPH RUBIN,

Case Summary

On 05/12/2021 MICHAEL A CAPOZZA filed a Property - Other Property Fraud lawsuit against JOSEPH RUBIN. This case was filed in Riverside County Superior Courts, Riverside Historic Courthouse located in Riverside, California. The Judges overseeing this case are David M. Chapman, James Latting and O.G. Magno. The case status is Pending - Appeal.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******2359

  • Filing Date:

    05/12/2021

  • Case Status:

    Pending - Appeal

  • Case Type:

    Property - Other Property Fraud

  • County, State:

    Riverside, California

Judge Details

Judges

David M. Chapman

James Latting

O.G. Magno

 

Party Details

Plaintiffs

MICHAEL A. CAPOZZA AS TRUSTEE OF THE MICHAEL A. CAPOZZA SEPARATE PROPERTY TRUST DATED JANUARY 25, 2018, DERIVATIVELY ON BEHALF OF 395 PALM CANYON LLC

MICHAEL A. CAPOZZA

Defendants

LAUREN HEIMER (RUBIN)

ABRAHAM STUART RUBIN, INDIVIDUALLY AND AS TRUSTEE OF THE STUART & ANNETTE RUBIN FAMILY TRUST

SRCT HOLDINGS LLC

DLJJ, LLC

ELLIOTT LANDER, AS TRUSTEE OF THE ELLIOT LANDER SEPARATE PROPERTY TRUST

RUBIN CAPITAL GROUP LLC

JOSEPH RUBIN, INDIVIDUALLY AND AS TRUSTEE OF THE STUART RUBIN CHILDREN'S TRUST

ASR DEVELOPMENT CO

ELLIOTT LANDER

LAUREN HEIMER

ELLIOT LANDER

JOSEPH RUBIN

ABRAHAM STUART RUBIN

DR. ELLIOT LANDER

THE LIGHTHOUSE PALM SPRINGS, LLC

ANNETTE RUBIN

Nominal Defendant

395 PALM CANYON LLC

Other

RICHARDSON GRISWOLD, ESQ

Attorney/Law Firm Details

Plaintiff Attorneys

Micah Lee Bailey

Purdy & Bailey LLP

Attorney at Purdy & Bailey LLP

Defendant and Nominal Defendant Attorneys

DAVID RYAN WELCH

DENIS SHMIDT

PATRICK MCGARRIGLE

David Walter Quinto

One LLP

D R WELCH ATTORNEYS AT LAW, A.P.C.

Attorney at D R WELCH ATTORNEYS AT LAW, A.P.C.

BRANDON H LEOPOLDUS

One LLP CHAD MICHAEL MANDELL

One LLP LAINE WAGENSELLER

REGIS ANDREW GUERIN

Other Attorney

RICHARDSON CRAIG GRISWOLD

 

Court Documents

Proof of Service by Electronic Service (non-complaint) of Order Appointing Court Approved Reporter As Official Reporter Pro Tempore on Complaint for Fraud (Over $25,000) of MICHAEL A. CAPOZZA AS TRUSTEE OF THE MICHAEL A. CAPOZZA SEPARATE PROPERTY TRU

04/12/2022: Proof of Service by Electronic Service (non-complaint) of Order Appointing Court Approved Reporter As Official Reporter Pro Tempore on Complaint for Fraud (Over $25,000) of MICHAEL A. CAPOZZA AS TRUSTEE OF THE MICHAEL A. CAPOZZA SEPARATE PROPERTY TRUST DATED JANUARY 25, 2018, DERIVATIVELY ON BEHALF OF 395 PALM CANYON LLC

Order Appointing Court Approved Reporter as Official Reporter Pro Tempore on Complaint for Fraud (Over $25,000) of MICHAEL A. CAPOZZA AS TRUSTEE OF THE MICHAEL A. CAPOZZA SEPARATE PROPERTY TRUST DATED JANUARY 25, 2018, DERIVATIVELY ON BEHALF OF 395 P

04/12/2022: Order Appointing Court Approved Reporter as Official Reporter Pro Tempore on Complaint for Fraud (Over $25,000) of MICHAEL A. CAPOZZA AS TRUSTEE OF THE MICHAEL A. CAPOZZA SEPARATE PROPERTY TRUST DATED JANUARY 25, 2018, DERIVATIVELY ON BEHALF OF 395 PALM CANYON LLC

Supplemental Reply in Support of Motion to Compel Further Responses on Complaint for Fraud (Over $25,000) of MICHAEL A. CAPOZZA AS TRUSTEE OF THE MICHAEL A. CAPOZZA SEPARATE PROPERTY TRUST DATED JANUARY 25, 2018, DERIVATIVELY ON BEHALF OF 395 PALM CA

04/08/2022: Supplemental Reply in Support of Motion to Compel Further Responses on Complaint for Fraud (Over $25,000) of MICHAEL A. CAPOZZA AS TRUSTEE OF THE MICHAEL A. CAPOZZA SEPARATE PROPERTY TRUST DATED JANUARY 25, 2018, DERIVATIVELY ON BEHALF OF 395 PALM CANYON LLC

Defendant DLJJ, LLC's Evidentiary Objections to Evidence Submitted by Plaintiff in Opposition to its Motion to Set Aside the Default on Complaint for Fraud (Over $25,000) of MICHAEL A. CAPOZZA AS TRUSTEE OF THE MICHAEL A. CAPOZZA SEPARATE PROPERTY TR

04/07/2022: Defendant DLJJ, LLC's Evidentiary Objections to Evidence Submitted by Plaintiff in Opposition to its Motion to Set Aside the Default on Complaint for Fraud (Over $25,000) of MICHAEL A. CAPOZZA AS TRUSTEE OF THE MICHAEL A. CAPOZZA SEPARATE PROPERTY TRUST DATED JANUARY 25, 2018, DERIVATIVELY ON BEHALF OF 395 PALM CANYON LLC

Defendant DLJJ, LLC's Responses to Plaintiff's Evidentiary Objections on Complaint for Fraud (Over $25,000) of MICHAEL A. CAPOZZA AS TRUSTEE OF THE MICHAEL A. CAPOZZA SEPARATE PROPERTY TRUST DATED JANUARY 25, 2018, DERIVATIVELY ON BEHALF OF 395 PALM

04/07/2022: Defendant DLJJ, LLC's Responses to Plaintiff's Evidentiary Objections on Complaint for Fraud (Over $25,000) of MICHAEL A. CAPOZZA AS TRUSTEE OF THE MICHAEL A. CAPOZZA SEPARATE PROPERTY TRUST DATED JANUARY 25, 2018, DERIVATIVELY ON BEHALF OF 395 PALM CANYON LLC

Second Declaration of Denis Shmidt in Support of DLJJ, LLC's Motion to Set Aside Default

04/07/2022: Second Declaration of Denis Shmidt in Support of DLJJ, LLC's Motion to Set Aside Default

Defendant DLJJ, LLC's Amended Notice of Motion to Set Aside Default on Complaint for Fraud (Over $25,000) of MICHAEL A. CAPOZZA AS TRUSTEE OF THE MICHAEL A. CAPOZZA SEPARATE PROPERTY TRUST DATED JANUARY 25, 2018, DERIVATIVELY ON BEHALF OF 395 PALM CA

04/07/2022: Defendant DLJJ, LLC's Amended Notice of Motion to Set Aside Default on Complaint for Fraud (Over $25,000) of MICHAEL A. CAPOZZA AS TRUSTEE OF THE MICHAEL A. CAPOZZA SEPARATE PROPERTY TRUST DATED JANUARY 25, 2018, DERIVATIVELY ON BEHALF OF 395 PALM CANYON LLC

Reply in Support of its Motion to Set Aside Default on Complaint for Fraud (Over $25,000) of MICHAEL A. CAPOZZA AS TRUSTEE OF THE MICHAEL A. CAPOZZA SEPARATE PROPERTY TRUST DATED JANUARY 25, 2018, DERIVATIVELY ON BEHALF OF 395 PALM CANYON LLC

04/07/2022: Reply in Support of its Motion to Set Aside Default on Complaint for Fraud (Over $25,000) of MICHAEL A. CAPOZZA AS TRUSTEE OF THE MICHAEL A. CAPOZZA SEPARATE PROPERTY TRUST DATED JANUARY 25, 2018, DERIVATIVELY ON BEHALF OF 395 PALM CANYON LLC

Declaration of Micah L. Bailey in Support of Michael A. Capozza's Supplemental Reply re: His Motion to Compel Heimer's Further Responses to Request for Production of Docs, Set One and Monetary Sanctions Against Heimer and Her Attorney, Alluyah Imoisi

04/07/2022: Declaration of Micah L. Bailey in Support of Michael A. Capozza's Supplemental Reply re: His Motion to Compel Heimer's Further Responses to Request for Production of Docs, Set One and Monetary Sanctions Against Heimer and Her Attorney, Alluyah Imoisili

Proof of Service re: Supplemental Reply on Complaint for Fraud (Over $25,000) of MICHAEL A. CAPOZZA AS TRUSTEE OF THE MICHAEL A. CAPOZZA SEPARATE PROPERTY TRUST DATED JANUARY 25, 2018, DERIVATIVELY ON BEHALF OF 395 PALM CANYON LLC

04/07/2022: Proof of Service re: Supplemental Reply on Complaint for Fraud (Over $25,000) of MICHAEL A. CAPOZZA AS TRUSTEE OF THE MICHAEL A. CAPOZZA SEPARATE PROPERTY TRUST DATED JANUARY 25, 2018, DERIVATIVELY ON BEHALF OF 395 PALM CANYON LLC

Notice of Document Return.

04/08/2022: Notice of Document Return.

Receiver Richardson Griswold's Notice of Intent to Pay Receiver's Fees and Costs

04/06/2022: Receiver Richardson Griswold's Notice of Intent to Pay Receiver's Fees and Costs

Michael Capozza's Amended Notice of Motion and Motion to Strike the Answer of Defendant Elliot Lander, As Successor Trustee of the Stuart Rubin Children's Trust and Enter Default on Complaint for Fraud (Over $25,000) of MICHAEL A. CAPOZZA AS TRUSTEE

04/06/2022: Michael Capozza's Amended Notice of Motion and Motion to Strike the Answer of Defendant Elliot Lander, As Successor Trustee of the Stuart Rubin Children's Trust and Enter Default on Complaint for Fraud (Over $25,000) of MICHAEL A. CAPOZZA AS TRUSTEE OF THE MICHAEL A. CAPOZZA SEPARATE PROPERTY TRUST DATED JANUARY 25, 2018, DERIVATIVELY ON BEHALF OF 395 PALM CANYON LLC

Proof of Service RE Plaintiff Michael Capozza's Amended Notice of Motion and Motion to Strike the Answer of Defendant Elliot Lander, as Successor Trustee of the Stuart Rubin Children's Trust and Enter Default on Complaint for Fraud (Over $25,000) of

04/04/2022: Proof of Service RE Plaintiff Michael Capozza's Amended Notice of Motion and Motion to Strike the Answer of Defendant Elliot Lander, as Successor Trustee of the Stuart Rubin Children's Trust and Enter Default on Complaint for Fraud (Over $25,000) of MICHAEL A. CAPOZZA AS TRUSTEE OF THE MICHAEL A. CAPOZZA SEPARATE PROPERTY TRUST DATED JANUARY 25, 2018, DERIVATIVELY ON BEHALF OF 395 PALM CANYON LLC

Notice of Document Return.

04/06/2022: Notice of Document Return.

Amended Notice of Hearing (Civil)

04/05/2022: Amended Notice of Hearing (Civil)

Amended Notice of Hearing (Civil)

04/05/2022: Amended Notice of Hearing (Civil)

Amended Notice of Hearing (Civil)

04/05/2022: Amended Notice of Hearing (Civil)

465 More Documents Available

 

Docket Entries

  • 10/03/2022
  • HearingType: Case Management Conference; Judicial Officer: O.G. Magno; Location/Courtroom: Department 7

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  • 05/25/2022
  • HearingType: Hearing on Motion to Strike Answer on Complaint for Fraud (Over $25,000) of MICHAEL A. CAPOZZA AS TRUSTEE OF THE MICHAEL A. CAPOZZA SEPARATE PROPERTY TRUST DATED JANUARY 25, 2018, DERIVATIVELY ON BEHALF OF 395 PALM CANYON LLC as to DR. ELLIOT LANDER,; Judicial Officer: O.G. Magno; Location/Courtroom: Department 7

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  • 05/20/2022
  • HearingType: Hearing re: Motion to Compel; Judicial Officer: Assigned Judge; Location/Courtroom: Department PS2; Disposition: Taken off calendar

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  • 05/19/2022
  • HearingType: Hearing re: Motion to Compel; Judicial Officer: Assigned Judge; Location/Courtroom: Department PS2; Disposition: Taken off calendar

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  • 05/18/2022
  • HearingType: Hearing re: Motion to Compel; Judicial Officer: Assigned Judge; Location/Courtroom: Department PS2; Disposition: Taken off calendar

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  • 05/12/2022
  • HearingType: Hearing on Motion to Quash Subpoena to Inter Valley Escrow by JOSEPH RUBIN,; Judicial Officer: O.G. Magno; Location/Courtroom: Department 7

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  • 05/02/2022
  • HearingType: Hearing on Motion to Quash Subpoena by JOSEPH RUBIN,; Judicial Officer: O.G. Magno; Location/Courtroom: Department 7

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  • 05/02/2022
  • HearingType: Hearing on Motion to Quash Subpoena to Baker Tilly US, LLP; Judicial Officer: Assigned Judge; Location/Courtroom: Department PS2; Disposition: Taken off calendar

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  • 05/02/2022
  • HearingType: Order to appear and show cause, if any, why sanctions should not be imposed for failure to file default judgment (CRC 3.110) as to; Judicial Officer: Assigned Judge; Location/Courtroom: Department PS2; Disposition: Vacated

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  • 05/02/2022
  • HearingType: Order to appear and show cause, if any, why sanctions should not be imposed for failure to file default judgment (CRC 3.110) as to; Judicial Officer: Assigned Judge; Location/Courtroom: Department PS2; Disposition: Vacated

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695 More Docket Entries
  • 05/25/2021
  • View Court Documents
  • DocketStatus: Filed; Description: Declaration of Micah Bailey in support of Ex Parte Application; Filed By: MICHAEL A. CAPOZZA

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  • 05/25/2021
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  • DocketStatus: Filed; Description: Ex Parte Application for Leave to Dismiss certain causes of action without Prejudice Leave to Dismiss certain causes of action without prejudice; Filed By: MICHAEL A. CAPOZZA

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  • 05/14/2021
  • FinancialCASE LEDGER; Fee/Fine Description: Unlimited complaint or other first paper in unlimited civil case amount over $25,000 including UD over $25K, petition for writ of review, mandate, or prohibition; petition for a decree of change of name or gender (GC70611); Amount: $450.00; Paid: $450.00; Balance: $0.00; Payment Details; Payment Date: 05/14/2021; Fine Description: eSubmit *0118 Receipt No.: 20210514-00319.1; Paid: $450.00

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  • 05/14/2021
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  • DocketStatus: Generated; Description: Notice of Case Management Conference

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  • 05/14/2021
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  • DocketStatus: Generated; Description: Notice of Department Assignment

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  • 05/12/2021
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  • DocketStatus: Filed; Description: Summons Issued and Filed; Filed By: MICHAEL A. CAPOZZA

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  • 05/12/2021
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  • DocketStatus: Filed; Description: Certificate of Counsel.; Filed By: MICHAEL A. CAPOZZA

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  • 05/12/2021
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  • DocketStatus: Filed; Description: Civil Case Cover Sheet; Filed By: MICHAEL A. CAPOZZA

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  • 05/12/2021
  • View Court Documents
  • DocketStatus: Filed; Description: Complaint for Fraud (Over $25,000); Filed By: MICHAEL A. CAPOZZA

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  • 05/12/2021
  • DocketFilings: Complaint for Fraud (Over $25,000) of MICHAEL A. CAPOZZA AS TRUSTEE OF THE MICHAEL A. CAPOZZA SEPARATE PROPERTY TRUST DATED JANUARY 25, 2018, DERIVATIVELY ON BEHALF OF 395 PALM CANYON LLC

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