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"" "23STCV06307" Exact match of phrase
* negligen* Match anything after the *
( ) "motion" AND ("dismiss" OR "summary") Grouping of terms
~ "motion to dismiss"~3 Maximum number of positions allowed between matching words
AND "damages" AND "injuries" AND "relief" Both terms must appear in document
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Trailer Park After Dark Inc Vs Marvi

Case Last Refreshed: 4 months ago

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Trailer Park After Dark Inc, filed a(n) Breach of Contract - Commercial case represented by Landay, John K; Roberts, Malcolm, in the jurisdiction of San Diego County. This case was filed in San Diego County Superior Courts Superior with Michael T. Smyth presiding.

Case Details for Trailer Park After Dark Inc v.

Case Number

(Subscribe to View)

Judge

Michael T. Smyth

pdf Get Judge Analytics Report

Filing Date

December 31, 2019

Category

Civil - Unlimited

Last Refreshed

March 16, 2024

Practice Area

Commercial

Filing Location

San Diego County, CA

Matter Type

Breach of Contract

Filing Court House

Superior

Parties for Trailer Park After Dark Inc v.

Plaintiffs

Trailer Park After Dark Inc

Attorneys for Plaintiffs

Landay, John K; Roberts, Malcolm

Other Parties

(619) 230-5712 (Attorney)

(619) 988-2135 (Attorney)

Dawson, Brian C (Dawson & Ozanne 5755 Oberlin Drive 301 San Diego Ca 92121)

Dawson, Brian C (Attorney)

Landay, John K (Landay Roberts Llp 600 W Broadway 700 San Diego Ca 92101)

Landay, John K; Roberts, Malcolm (Attorney)

Majd, Farbood; Rad, Russell M. (Attorney)

Marvi, Nader (Defendant, Cross - Complainant)

Mortier, Raymond D (Attorney)

Rad, Russell M. (Attorney)

Raissadat, Ali (Plaintiff, Cross - Defendant)

Roberts, Malcolm (Landay Roberts Llp 600 W Broadway 700 San Diego Ca 92101)

Self-Represented (Attorney)

Tokyo Playground - San Diego Inc (Defendant, Cross - Complainant)

Trailer Park After Dark Inc (Plaintiff, Cross - Defendant)

Case Documents for Trailer Park After Dark Inc v.

Case initiation form printed.

Date: 2020-01-02T00:00:00

Proposed Order submitted by Raissadat, Ali; Trailer Park After Dark Inc received but not filed on 01/05/2022.

Date: 2022-01-05T00:00:00

Proof of Service filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2022-01-05T00:00:00

Motion for Leave to Amend filed by Trailer Park After Dark Inc.

Date: 2022-02-01T00:00:00

Declaration - Other (of Waddy Stephenson) filed by Trailer Park After Dark Inc.

Date: 2022-02-01T00:00:00

Opposition - Other (to Plaintiffs Request to Amend Complaint and Order Extending Discovery) filed by Tokyo Playground - San Diego Inc; Marvi, Nader.

Date: 2022-02-09T00:00:00

Opposition - Other (to Plaintiffs Demurrer to Third Amended Cross Complaint) filed by Tokyo Playground - San Diego Inc; Marvi, Nader.

Date: 2022-02-09T00:00:00

Proof of Service by Mail filed by Tokyo Playground - San Diego Inc; Marvi, Nader.

Date: 2022-02-09T00:00:00

Reply to Opposition - Other filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2022-02-17T00:00:00

Tentative Ruling for Motion Hearing (Civil) published.

Date: 2022-02-24T00:00:00

Minutes finalized for Multiple Events heard 02/25/2022 09:00:00 AM.

Date: 2022-02-25T00:00:00

Amended Complaint (FIRST) filed by Raissadat, Ali; Trailer Park After Dark Inc. Refers to: Marvi, Nader; Tokyo Playground - San Diego Inc

Date: 2022-02-25T00:00:00

Proof of Service filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2022-02-25T00:00:00

Minutes finalized for Trial Readiness Conference (Civil) heard 03/04/2022 10:15:00 AM.

Date: 2022-03-04T00:00:00

Motion to Compel Discovery (RESPONSE TO ITS REQUEST FORREQUEST FOR PRODUCTION OF DOCUMENTS) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2022-05-26T00:00:00

Proof of Service filed by Tokyo Playground - San Diego Inc; Marvi, Nader.

Date: 2022-03-21T00:00:00

Answer filed by Tokyo Playground - San Diego Inc; Marvi, Nader.

Date: 2022-03-21T00:00:00

Motion to Compel Discovery (ORDER TO COMPEL THE DEPOSITION AND TESTIMONY OF NADER MARVI) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2022-05-26T00:00:00

Minutes finalized for Status Conference (Civil) heard 06/10/2022 01:30:00 PM.

Date: 2022-06-10T00:00:00

Motion to Compel Discovery (RESPONSE TO ITS FORM INTERROGATORIES) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2022-05-26T00:00:00

Minutes finalized for Status Conference (Civil) heard 07/01/2022 01:30:00 PM.

Date: 2022-07-01T00:00:00

Substitution of Attorney filed by Marvi, Nader.

Date: 2022-07-01T00:00:00

Substitution of Attorney filed by Tokyo Playground - San Diego Inc.

Date: 2022-07-01T00:00:00

Ex Parte Application for Order Shortening Time filed by Marvi, Nader; Tokyo Playground - San Diego Inc.

Date: 2022-10-11T00:00:00

Proposed Order submitted by Marvi, Nader; Tokyo Playground - San Diego Inc received but not filed on 10/11/2022.

Date: 2022-10-11T00:00:00

Declaration - Other (OF WADD STEPHENSON) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2022-10-12T00:00:00

Opposition - Other (to ex parte application) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2022-10-12T00:00:00

Proof of Service filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2022-10-12T00:00:00

Minutes finalized for Ex Parte heard 10/13/2022 08:30:00 AM.

Date: 2022-10-13T00:00:00

Opposition - Other filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2022-10-21T00:00:00

Request for Judicial Notice filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2022-10-21T00:00:00

Tentative Ruling for Motion Hearing (Civil) published.

Date: 2022-10-28T00:00:00

Proof of Service filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2022-10-21T00:00:00

Reply filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2022-10-27T00:00:00

Appointment of Official Reporter Pro Tempore (JAIME BILLINGS CSR # 8396) filed by The Superior Court of San Diego.

Date: 2022-10-31T00:00:00

Declaration in Opposition to filed Motion filed by Marvi, Nader; Tokyo Playground - San Diego Inc.

Date: 2022-11-17T00:00:00

Declaration - Other filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2022-11-23T00:00:00

Proof of Service filed by Marvi, Nader; Tokyo Playground - San Diego Inc.

Date: 2022-11-17T00:00:00

Minutes finalized for Multiple Events heard 12/02/2022 09:00:00 AM.

Date: 2022-12-02T00:00:00

The Trial Readiness Conference (Civil) was rescheduled to 05/12/2023 at 10:15:00 AM in C-67 before Eddie C Sturgeon at Central.

Date: 2023-01-20T00:00:00

Order (Court of Appeal Order Denying Petition for Writ of Mandate) filed by The Superior Court of San Diego.

Date: 2023-01-06T00:00:00

Ex Parte Application for Stay filed by Marvi, Nader.

Date: 2023-03-20T00:00:00

The Civil Jury Trial was rescheduled to 05/26/2023 at 08:30:00 AM in C-67 before Eddie C Sturgeon at Central.

Date: 2023-01-20T00:00:00

Proof of Service filed by Trailer Park After Dark Inc.

Date: 2023-03-20T00:00:00

Proposed Order submitted by Marvi, Nader received but not filed on 03/20/2023.

Date: 2023-03-20T00:00:00

Declaration - Other filed by Marvi, Nader.

Date: 2023-03-20T00:00:00

Opposition - Other filed by Trailer Park After Dark Inc.

Date: 2023-03-20T00:00:00

Declaration - Other (OF BRIAN C DAWSON) filed by Marvi, Nader.

Date: 2023-04-20T00:00:00

Motion - Other (TO STAY PROCEEDINGS) filed by Marvi, Nader.

Date: 2023-04-20T00:00:00

Proposed Order submitted by Marvi, Nader received but not filed on 04/20/2023.

Date: 2023-04-20T00:00:00

Opposition to Noticed Motion and Supporting Declarations filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2023-05-01T00:00:00

Proof of Service filed by Marvi, Nader.

Date: 2023-04-20T00:00:00

Declaration - Other filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2023-05-01T00:00:00

Proof of Service filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2023-05-10T00:00:00

Request for Judicial Notice filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2023-05-01T00:00:00

Proof of Service filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2023-05-01T00:00:00

Declaration - Other filed by Marvi, Nader.

Date: 2023-05-05T00:00:00

Proof of Service filed by Marvi, Nader.

Date: 2023-05-05T00:00:00

Appointment of Official Reporter Pro Tempore (STEPHANIE BRYANT CSR 13160 - GRANTED) filed by The Superior Court of San Diego.

Date: 2023-05-12T00:00:00

Tentative Ruling for Motion Hearing (Civil) published.

Date: 2023-05-11T00:00:00

Substitution of Attorney filed by Trailer Park After Dark Inc.

Date: 2023-07-10T00:00:00

Motion - Other filed by Marvi, Nader.

Date: 2023-09-08T00:00:00

Minutes finalized for Status Conference (Civil) heard 08/18/2023 02:00:00 PM.

Date: 2023-08-18T00:00:00

E-filing transaction partially accepted.

Date: 2023-09-13T00:00:00

Association of Attorney filed by Trailer Park After Dark Inc.

Date: 2023-08-17T00:00:00

[Another document for ROA# 294]

Date: 2023-09-13T00:00:00

Motion to Be Relieved as Counsel of Record filed by Tokyo Playground - San Diego Inc.

Date: 2023-09-12T00:00:00

Declaration in Support of Motion to be Relieved as Counsel filed by Tokyo Playground - San Diego Inc.

Date: 2023-09-12T00:00:00

Declaration in Opposition to filed Motion filed by Marvi, Nader.

Date: September 18, 2023

Proof of Service filed by Tokyo Playground - San Diego Inc.

Date: 2023-09-12T00:00:00

Opposition - Other filed by Marvi, Nader.

Date: September 18, 2023

Minutes finalized for Motion Hearing (Civil) heard 09/25/2023 08:15:00 AM.

Date: September 25, 2023

Order - Other (Lifting/Terminating Stay) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: September 28, 2023

Request - Other (to Set the Case for Status Conference or Case Management Conference and/or Trial) filed by Trailer Park After Dark Inc.

Date: November 09, 2023

Minutes finalized for Motion Hearing (Civil) heard 03/15/2024 09:00:00 AM.

Date: March 15, 2024

Case reassigned from Sturgeon,Eddie to Smyth,Michael effective 02/17/2024

Date: February 17, 2024

Proof of Service filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-01-22T00:00:00

Order After Hearing (Temporary Restraining Order) filed by Trailer Park After Dark Inc. Refers to: Marvi, Nader; Tokyo Playground - San Diego Inc

Date: 2020-01-16T00:00:00

Declaration - Other (of John K Landay in support of opposition) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-07-27T00:00:00

Minutes finalized for Multiple Events heard 09/25/2020 09:00:00 AM.

Date: 2020-09-25T00:00:00

Opposition - Other (to defendants' ex parte to vacate stipulated injunction) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-11-18T00:00:00

Declaration - Other (of Waddy Stephenson in support of motion to compel further responses to request for production of documents set one on Nader Marvi) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-11-30T00:00:00

Order - Other (Granting in Part Plaintiff Trailer Park After Dark Incs Motion to Compel Supplemental Answers to Form Interrogatories, Special Interrogatories, and Requests for the Production of Documents and Sanctions) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2021-09-08T00:00:00

Proof of Service filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2022-02-17T00:00:00

Declaration - Other (OF ALI RAISSADAT) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2022-10-21T00:00:00

Minutes finalized for Ex Parte heard 03/21/2023 08:30:00 AM.

Date: 2023-03-21T00:00:00

Civil Case Management Conference rescheduled to 02/05/2021 at 10:30:00 AM in C-67 before Eddie C Sturgeon at Central.

Date: 2020-05-16T00:00:00

Declaration - Other (of John K Landay in support of demurrer to first amended cross complaint) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-05-26T00:00:00

Declaration - Other (of Waddy Stephenson in support of opposition to defendants ex parte re appointment of receiver) filed by Trailer Park After Dark Inc; Raissadat, Ali.

Date: 2020-09-28T00:00:00

Notice - Other (NOTICE OF HEARING AND BRIEFING FOLLOWING SEPTEMBER 29, 2020 EX PARTE HEARING) filed by Marvi, Nader; Tokyo Playground - San Diego Inc.

Date: 2020-10-02T00:00:00

Proof of Service (motions, declaration, statements) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-11-30T00:00:00

Case Management Statement filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2021-01-22T00:00:00

Notice of Jury Fee Deposit filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2021-01-22T00:00:00

Reply filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2022-02-17T00:00:00

Declaration - Other (OF WADDY STEPHENSON) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2022-05-26T00:00:00

Statement - Other (separate statement in support of motion to compel further responses to form interrogatories set one) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-11-30T00:00:00

Statement - Other (separate statement in support of motion to compel further responses to special interrogatories set one) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-11-30T00:00:00

Statement - Other (separate statement in support of motion to compel further responses to request for production of documents set one on Nader Marvi) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-11-30T00:00:00

Motion to Compel Discovery (FOR ORDER ESTABLISHING ADMISSIONS) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2022-05-26T00:00:00

Minutes finalized for Motion Hearing (Civil) heard 10/31/2022 08:30:00 AM.

Date: 2022-10-31T00:00:00

[Another document for ROA# 154]

Date: 2021-09-09T00:00:00

Request for Judicial Notice filed by Trailer Park After Dark Inc.

Date: 2023-03-20T00:00:00

Motion to Compel Discovery (RESPONSE TO SPECIAL INTERROGATORIES) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2022-05-26T00:00:00

Substitution of Attorney filed by Raissadat, Ali.

Date: 2023-07-10T00:00:00

Brief - Other (Plaintiff's Brief in Support of Termination of Stay) filed by Trailer Park After Dark Inc.

Date: 2023-09-13T00:00:00

Complaint filed by Trailer Park After Dark Inc; Raissadat, Ali. Refers to: Marvi, Nader; Tokyo Playground - San Diego Inc

Date: 2019-12-31T00:00:00

Opposition to Noticed Motion and Supporting Declarations filed by Marvi, Nader; Tokyo Playground - San Diego Inc.

Date: 2022-11-17T00:00:00

Request for Judicial Notice (in support of demurrer to first amended cross complaint) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-05-26T00:00:00

Reply to Opposition of Noticed Motion and Supporting Declarations filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2022-11-23T00:00:00

Proof of Service filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2022-11-23T00:00:00

Proof of Service (of demurrer, declaration, request for judicial notice) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-05-26T00:00:00

Tentative Ruling for Discovery Hearing published.

Date: 2022-12-01T00:00:00

Proof of Service filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-05-28T00:00:00

Proof of Service filed by Marvi, Nader.

Date: 2023-03-20T00:00:00

Proof of Service filed by Trailer Park After Dark Inc.

Date: 2023-09-08T00:00:00

Order Granting Attorney's Motion to be Relieved as Counsel submitted by Tokyo Playground - San Diego Inc received but not filed on 09/12/2023.

Date: 2023-09-12T00:00:00

Proof of Service filed by Marvi, Nader.

Date: 2023-09-18T00:00:00

Substitution of Attorney filed by Marvi, Nader.

Date: 2023-09-11T00:00:00

Proof of Service filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-10-15T00:00:00

Ex Parte Application - Other and Supporting Documents filed by Marvi, Nader; Tokyo Playground - San Diego Inc.

Date: 2020-11-18T00:00:00

Tentative Ruling for Motion Hearing (Civil) published.

Date: March 14, 2024

Proof of Service (opposition, declarations) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-11-18T00:00:00

Declaration - Other (WADDY STEPHENSON’S DECLARATION) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2021-07-13T00:00:00

E-filing transaction partially accepted.

Date: 2021-09-09T00:00:00

Ex Parte Application - Other and Supporting Documents (for order setting hearing date on Motion for Leave) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2022-01-05T00:00:00

Proof of Service filed by Trailer Park After Dark Inc.

Date: 2022-02-01T00:00:00

Cross-Complaint (Proposed) filed by Marvi, Nader. Refers to: Raissadat, Ali; Trailer Park After Dark Inc

Date: 2022-10-11T00:00:00

Proof of Service filed by Marvi, Nader; Tokyo Playground - San Diego Inc.

Date: 2022-10-11T00:00:00

Reply filed by Marvi, Nader.

Date: 2022-10-26T00:00:00

Proof of Service filed by Marvi, Nader.

Date: 2022-10-26T00:00:00

Reply to Opposition of Noticed Motion and Supporting Declarations filed by Marvi, Nader.

Date: 2023-05-05T00:00:00

Declaration - Other filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-09-18T00:00:00

Original Summons filed by Trailer Park After Dark Inc; Raissadat, Ali. Refers to: Marvi, Nader; Tokyo Playground - San Diego Inc

Date: 2019-12-31T00:00:00

Civil Case Cover Sheet filed by Trailer Park After Dark Inc; Raissadat, Ali. Refers to: Marvi, Nader; Tokyo Playground - San Diego Inc

Date: 2019-12-31T00:00:00

Declaration - Other filed by Marvi, Nader.

Date: 2023-09-08T00:00:00

Minutes finalized for Motion Hearing (Civil) heard 05/12/2023 09:00:00 AM.

Date: 2023-05-12T00:00:00

Proof of Service filed by Marvi, Nader.

Date: 2023-09-08T00:00:00

Declaration - Other (of Waddy Stephenson in support of demurrer to defendants second amended cross complaint) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-11-09T00:00:00

Motion - Other (for order compelling) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-05-26T00:00:00

Motion - Other (to compel further responses to form interrogatories set one on Nader Marvi) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-11-30T00:00:00

Motion - Other (to compel further responses to special interrogatories set one on Nader Marvi) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-11-30T00:00:00

Declaration - Other (of John K Landay in support of motion for order compelling) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-05-26T00:00:00

Original Summons filed by Marvi, Nader; Tokyo Playground - San Diego Inc. Refers to: Trailer Park After Dark Inc; Raissadat, Ali

Date: 2020-03-02T00:00:00

Declaration - Other (of Waddy Stephenson) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2022-01-05T00:00:00

Minutes finalized for Ex Parte heard 01/06/2022 08:30:00 AM.

Date: 2022-01-06T00:00:00

[Another document for ROA# 83]

Date: 2020-10-13T00:00:00

Order - Other (re Motion) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-10-08T00:00:00

Opposition - Other (to defendants ex parte re appointment of receiver) filed by Trailer Park After Dark Inc; Raissadat, Ali.

Date: 2020-09-28T00:00:00

Notice of Errata filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-01-22T00:00:00

Minutes finalized for Ex Parte heard 01/16/2020 08:30:00 AM.

Date: 2020-01-16T00:00:00

Request for Judicial Notice filed by Raissadat, Ali; Raissadat, Ali; Trailer Park After Dark Inc; Trailer Park After Dark Inc.

Date: 2020-01-22T00:00:00

Memorandum of Points and Authorities filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-01-22T00:00:00

Stipulation - Other - Fee Due (Stipulation and Preliminary Injunction) filed by Raissadat, Ali; Trailer Park After Dark Inc; Marvi, Nader; Tokyo Playground - San Diego Inc.

Date: 2020-01-22T00:00:00

Declaration - Other (of John K Landay in support of motion for an order compelling defendant Nader Marvi to respond to form interrogatories) filed by Trailer Park After Dark Inc.

Date: 2020-06-08T00:00:00

Amended Cross-Complaint (First) filed by Marvi, Nader; Tokyo Playground - San Diego Inc. Refers to: Trailer Park After Dark Inc; Raissadat, Ali

Date: 2020-02-28T00:00:00

Proof of Service by Mail (re: Answer and Cross Complaint) filed by Marvi, Nader; Tokyo Playground - San Diego Inc.

Date: 2020-02-26T00:00:00

Cross-Complaint filed by Tokyo Playground - San Diego Inc; Marvi, Nader.

Date: 2020-02-26T00:00:00

Motion - Other (for order establishing admissions and sanctions) filed by Trailer Park After Dark Inc.

Date: 2020-06-08T00:00:00

Answer filed by Tokyo Playground - San Diego Inc; Marvi, Nader.

Date: 2020-02-26T00:00:00

Proposed Order submitted by Raissadat, Ali; Trailer Park After Dark Inc received but not filed on 05/26/2020.

Date: 2020-05-26T00:00:00

Proposed Order (on motion for an order compelling defendant Nader Marvi to respond to special interrogatories) submitted by Trailer Park After Dark Inc received but not filed on 06/08/2020.

Date: 2020-06-08T00:00:00

Proof of Service (of motion, declaration, proposed order) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-05-26T00:00:00

Demurrer (to first amended cross complaint) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-05-26T00:00:00

Motion - Other (for an order compelling defendant Nader Marvi to respond to special interrogatories) filed by Trailer Park After Dark Inc.

Date: 2020-06-08T00:00:00

Proposed Order (on motion for an order compelling defendant Nader Marvi to respond to form interrogatories) submitted by Trailer Park After Dark Inc received but not filed on 06/08/2020.

Date: 2020-06-08T00:00:00

Motion - Other (for an order compelling defendant Nader Marvi to respond to requests for the production of documents) filed by Trailer Park After Dark Inc.

Date: 2020-06-08T00:00:00

Ex Parte Application - Other and Supporting Documents (EX PARTE APPLICATION TO APPOINT FINANCIAL RECEIVER) filed by Marvi, Nader; Tokyo Playground - San Diego Inc.

Date: 2020-07-27T00:00:00

Proof of Service (of amended motion, motions to compel, declaration, proposed orders) filed by Trailer Park After Dark Inc.

Date: 2020-06-08T00:00:00

Amended Motion (for an order compelling defendant Nader Marvi to respond to form interrogatories) filed by Trailer Park After Dark Inc.

Date: 2020-06-08T00:00:00

Opposition - Other (to defendants ex parte application) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-07-27T00:00:00

Proposed Order (on motion for an order compelling defendant Nader Marvi to respond to requests for the production of documents) submitted by Trailer Park After Dark Inc received but not filed on 06/08/2020.

Date: 2020-06-08T00:00:00

Proposed Order (on motion for order establishing admissions and sanctions) submitted by Trailer Park After Dark Inc received but not filed on 06/08/2020.

Date: 2020-06-08T00:00:00

Proof of Service (of opposition, declaration) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-07-27T00:00:00

Notice - Other (Notice of Hearing on Demurrer to First Amended Cross-Complaint) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-05-28T00:00:00

Minutes finalized for Ex Parte heard 07/28/2020 08:30:00 AM.

Date: 2020-07-28T00:00:00

Opposition - Other (PLAINTIFF TRAILER PARK AFTER DARK, INC'S OPPOSITION TO DEFENDANTS NADER MARVI AND TOKYO PLAYGROUND - SAN DIEGO, INC'S EX PARTE APPLICATION RE: APPOINTMENT OF RECEIVER) filed by Trailer Park After Dark Inc.

Date: 2020-07-27T00:00:00

Amended Cross-Complaint (Second) filed by Marvi, Nader; Tokyo Playground - San Diego Inc. Refers to: Trailer Park After Dark Inc; Raissadat, Ali

Date: 2020-10-09T00:00:00

Opposition to Noticed Motion and Supporting Declarations (OPPOSITION TO PLAINTIFFS DEMURRER) filed by Marvi, Nader; Tokyo Playground - San Diego Inc.

Date: 2020-09-14T00:00:00

Proof of Service (opposition, declaration) filed by Trailer Park After Dark Inc; Raissadat, Ali.

Date: 2020-09-28T00:00:00

Proof of Service filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-09-18T00:00:00

Clerk's Certificate of Service By Mail SD generated.

Date: 2020-11-19T00:00:00

Reply to Opposition of Noticed Motion and Supporting Declarations filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-09-18T00:00:00

Minutes finalized for Ex Parte heard 09/29/2020 08:30:00 AM.

Date: 2020-09-29T00:00:00

Opposition to Noticed Motion and Supporting Declarations (OPPOSITION TO PLAINTIFFS, (1) MOTIONS TO COMPEL DISCOVERY AND (2) MOTION ESTABLISHING ADMISSIONS AND SANCTIONS) filed by Marvi, Nader; Tokyo Playground - San Diego Inc.

Date: 2020-09-14T00:00:00

Minutes finalized for Motion Hearing (Civil) heard 10/28/2020 10:00:00 AM.

Date: 2020-10-28T00:00:00

Ex Parte Application - Other and Supporting Documents filed by Marvi, Nader; Tokyo Playground - San Diego Inc.

Date: 2020-09-28T00:00:00

Declaration - Other (Of Ali Raissadat) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-10-15T00:00:00

Opposition - Other (To Defendants Motion to Appoint Receiver) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-10-15T00:00:00

E-filing transaction partially accepted.

Date: 2020-10-13T00:00:00

Demurrer (to defendants second amended cross complaint) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-11-09T00:00:00

Declaration - Other (Of Waddy Stephenson) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-10-15T00:00:00

Reply to Opposition of Noticed Motion and Supporting Declarations (REPLY TO TRAILER PARK AFTER DARK, INC'S OPPOSITION TO NADER MARVI'S MOTION TO APPOINT RECEIVER AND ALLOW ACCESS TO BUSINESS PROPERTY) filed by Marvi, Nader; Tokyo Playground - San Diego Inc.

Date: 2020-10-21T00:00:00

Proof of Service (of demurrer, declaration, request for judicial notice) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-11-09T00:00:00

Order - Other (on Motion to Appoint Receiver) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-11-05T00:00:00

Declaration - Other (of Ali Raissadat in support of opposition to defendants' ex parte to vacate stipulated injunction) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-11-18T00:00:00

Declaration - Other (of Waddy Stephenson in support of opposition to defendants' ex parte to vacate stipulated injunction) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-11-18T00:00:00

Request for Judicial Notice (in support of demurrer to defendants second amended cross complaint) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-11-09T00:00:00

Minutes finalized for Ex Parte heard 11/19/2020 08:30:00 AM.

Date: 2020-11-19T00:00:00

Case Management Statement filed by Marvi, Nader; Tokyo Playground - San Diego Inc.

Date: 2021-02-03T00:00:00

Reply to Opposition - Other filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2021-04-15T00:00:00

Minutes finalized for Civil Case Management Conference heard 02/05/2021 10:30:00 AM.

Date: 2021-02-05T00:00:00

Notice of Change of Address / Telephone Number filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2021-02-22T00:00:00

Motion - Other (to compel further responses to request for production of documents set one on Nader Marvi) filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2020-11-30T00:00:00

Case Management Statement filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2021-04-08T00:00:00

Opposition - Other filed by Tokyo Playground - San Diego Inc; Marvi, Nader.

Date: 2021-04-12T00:00:00

Proof of Service by Mail filed by Tokyo Playground - San Diego Inc; Marvi, Nader.

Date: 2021-04-12T00:00:00

Proof of Service by Mail filed by Tokyo Playground - San Diego Inc; Marvi, Nader.

Date: 2021-05-10T00:00:00

Minutes finalized for Civil Case Management Conference heard 04/23/2021 09:00:00 AM.

Date: 2021-04-23T00:00:00

Amended Cross-Complaint (Third) submitted by Marvi, Nader rejected on 05/10/2021.

Date: 2021-05-10T00:00:00

Opposition to Noticed Motion and Supporting Declarations filed by Tokyo Playground - San Diego Inc; Marvi, Nader.

Date: 2021-05-10T00:00:00

Reply to Opposition of Noticed Motion and Supporting Declarations filed by Trailer Park After Dark Inc.

Date: 2021-05-14T00:00:00

Minutes finalized for Multiple Events heard 05/21/2021 09:00:00 AM.

Date: 2021-05-21T00:00:00

Minutes finalized for Civil Case Management Conference heard 05/21/2021 09:00:00 AM.

Date: 2021-05-21T00:00:00

Proof of Service filed by Trailer Park After Dark Inc.

Date: 2021-05-14T00:00:00

Amended Cross-Complaint (Third) filed by Tokyo Playground - San Diego Inc; Marvi, Nader.

Date: 2021-05-24T00:00:00

Demurrer filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2021-07-13T00:00:00

Proof of Service filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2021-07-13T00:00:00

Notice of Entry of Judgment filed by Raissadat, Ali; Trailer Park After Dark Inc.

Date: 2021-09-09T00:00:00

Case Events for Trailer Park After Dark Inc v.

Date Type Description
March 15, 2024 Docket Event Minute Order
Minutes finalized for Motion Hearing (Civil) heard 03/15/2024 09:00:00 AM.
March 15, 2024 Tentative Ruling SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO HALL OF JUSTICE TENTATIVE RULINGS - March 14, 2024 EVENT DATE: 03/15/2024 EVENT TIME: 09:00:00 AM DEPT.: C-67 JUDICIAL OFFICER:Michael T. Smyth CASE N...
March 14, 2024 Docket Event Tentative Rulings
Tentative Ruling for Motion Hearing (Civil) published.
February 17, 2024 Docket Event Motion Hearing (Civil) reassigned to Smyth, Michael for 03/15/2024 at 09:00:00 AM in C-67 at Central.
February 17, 2024 Docket Event Notice of Case Reassignment SD
Case reassigned from Sturgeon,Eddie to Smyth,Michael effective 02/17/2024
November 09, 2023 Docket Event Request - Other (to Set the Case for Status Conference or Case Management Conference and/or Trial) filed by Trailer Park After Dark Inc.
September 28, 2023 Docket Event Order - Other (Order)
Order - Other (Lifting/Terminating Stay) filed by Raissadat, Ali; Trailer Park After Dark Inc.
September 25, 2023 Docket Event Minute Order
Minutes finalized for Motion Hearing (Civil) heard 09/25/2023 08:15:00 AM.
September 18, 2023 Docket Event Declaration in Opposition to filed Motion filed by Marvi, Nader.
September 18, 2023 Docket Event Opposition - Other filed by Marvi, Nader.
See all events

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BACKES, et al. vs GENERAL MOTORS, LLC.
Jul 18, 2024 | Civil Unlimited (Other Breach of Contract/Warr...) | 22CV021148
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MIRNA CUELLAR, ET AL. VS MAY FOK, TRUSTEE OF FOK FAMILY TRUST
Jul 16, 2024 | 22STCV04496
Case Number: 22STCV04496 Hearing Date: July 16, 2024 Dept: 58 Judge Bruce G. Iwasaki Department 58 Hearing Date: July 16, 2024 Case Name: Mirna Cuellar v. Fok Family Trust, et al. Case No.: 22STCV04496 Matter: Demurrer to Cross Complaint Moving Party: Plaintiffs Mirna Cuellar and Hector Cuellar Responding Party: Defendants Fok Family Trust and May Fok Tentative Ruling: The Demurrer to the Cross-complaint is overruled. This action arises out of an employment dispute. Plaintiffs Mirna Cuellar and Hector Cuellar sued Defendant May Fok in her individual capacity and as trustee of the Fok Family Trust for breach of contract and various Labor Code violations, such as failure to pay minimum wage and waiting time penalties. Plaintiff Mirna Cuellar alleges she worked as the property manager of an apartment building (Property) pursuant to a written agreement. Plaintiff Hector alleges he entered into an oral agreement to provide handyman services for the Property but has not been paid any of his wages. On March 21, 2022, Plaintiffs filed a First Amended Complaint. The parties stipulated to allow Plaintiffs to file a Second Amended Complaint. On January 12, 2023, Defendants May Fok, individually and trustee of the Fok Family Trust, filed a demurrer to the Second Amended Complaint. The court sustained the demurer in its entirety with leave to amend. On March 14, 2023, a Third Amended Complaint was filed. On May 10, 2023, Defendants filed a demurrer to the Third Amended Complaint. The court overruled the demurrer in its entirety. On February 27, 2024, Defendants May Fok, individually and trustee of the Fok Family Trust, filed a Cross-complaint. Plaintiffs Mirna Cuellar and Hector Cuellar, now demur to the second and fourth causes of action alleged in the Cross-complaint. Defendants filed an opposition. Plaintiffs filed a reply. The Court overrules the demurrer to the Cross-Complaint in its entirety. Evidentiary Issues Plaintiffs request for judicial notice of Exhibit A is granted. The court takes judicial notice of the document, but not to the facts stated therein. (Evid. Code, § 452, subd. (d).) Legal Standard for Demurrers A demurrer is an objection to a pleading, the grounds for which are apparent from either the face of the complaint or a matter of which the court may take judicial notice. (Code Civ. Proc., § 430.30, subd. (a); see also Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) The purpose of a demurrer is to challenge the sufficiency of a pleading by raising questions of law. ( Postley v. Harvey (1984) 153 Cal.App.3d 280, 286.) In the construction of a pleading, for the purpose of determining its effect, its allegations must be liberally construed, with a view to substantial justice between the parties. (Code Civ. Proc., § 452.) The court treat[s] the demurrer as admitting all material facts properly pleaded, but not contentions, deductions or conclusions of fact or law . . . . ( Berkley v. Dowds (2007) 152 Cal.App.4th 518, 525.) In applying these standards, the court liberally construes the complaint to determine whether a cause of action has been stated. ( Picton v. Anderson Union High School Dist. (1996) 50 Cal.App.4th 726, 733.) Code of Civil Procedure section 430.41 requires that [b]efore filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. (Code Civ. Proc., § 430.41, subd. (a).) The parties are to meet and confer at least five days before the date the responsive pleading is due. (Code Civ. Proc., § 430.41, subd. (a)(2).) Thereafter, the demurring party shall file and serve a declaration detailing their meet and confer efforts. (Code Civ. Proc., § 430.41, subd. (a)(3).) Meet and Confer Plaintiffs counsel states that he met and conferred with counsel prior to the filing of the demurrer. (Declaration of Everett J. Gotfredson (Gotfredson Decl.) ¶ 2.) The Court notes that counsel fails to provide any facts as to how the parties met and conferred. Therefore, the meet and confer requirement was insufficient. Nevertheless, the court will analyze the merits below. Second Cause of Action Breach of Fiduciary Duty The demurrer argues that Defendants/Cross-complainants failed to state a claim for breach of fiduciary duty because they lack standing as they did not allege that Plaintiffs were employees. Moreover, in pleadings and in discovery responses, Defendant May Fok has repeatedly insisted that the Cuellars were never employees of either May or Clifford Fok, or of the Fok Family Trust. Defendants argue that the Second Cause of Action for Breach of Fiduciary Duty alleges facts sufficient to state a cause of action against the Plaintiffs because it is undisputed that Plaintiffs are claiming that they were employees of Cross-Complainant, The Fok Family Trust. Moreover, there is standing to sue since Cross-Complainant alleges that she is both a trustee and beneficiary of the Fok Family Trust at paragraph 1 of the Cross-Complaint. Additionally, the second cause of action allegations are not inconsistent with cross complainant's verified discovery responses and are based on alternative legal theories applicable to Plaintiff's claims that they were the property manager and the handyman for the Fok Family Trust. In reply, Plaintiffs argues that Defendants inconsistently plead the relationship between Plaintiffs and Defendants and thus fail to state sufficient facts for this cause of action. 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Ruling

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