Case Information

18-CIV-05988 | MICHAEL IRVING vs. RAFAELA NUNEZ, et al

Case Number
18-CIV-05988

Court
Civil Unlimited

File Date
11/05/2018

Case Type
(22) Unlimited Auto

Case Status
Active

Party
Plaintiff
IRVING, MICHAEL

Active Attorneys

Lead Attorney
ACKERMAN, WHITNEY D.
Retained

Defendant
NUNEZ, RAFAELA

Defendant
DOES 1 TO 25, INCLUSIVE

Cause of Action

File Date
Cause of Action
Type
Filed By
Filed Against
11/05/2018 Complaint Action IRVING, MICHAEL
NUNEZ, RAFAELA
Disposition Events
10/04/2019 Judgment

Judgment Type
Dismissal – With Prejudice

Party

Names: IRVING, MICHAEL

NUNEZ, RAFAELA

DOES 1 TO 25, INCLUSIVE

Comment: ENTIRE ACTION

Events and Hearings

11/05/2018 New Filed Case

11/05/2018 Complaint

Complaint

11/05/2018 Civil Case Cover Sheet

Civil Case Cover Sheet

11/05/2018 Summons Issued / Filed

Summons Issued / Filed

11/05/2018 Notice of Case Management Conference

Notice of Case Management Conference

11/05/2018 Cause Of Action

Action
ComplaintFile Date
11/05/2018
01/30/2019 Motion

Motion TO BE RELIEVED AS COUNSEL-CIVIL

Comment
TO BE RELIEVED AS COUNSEL-CIVIL
01/30/2019 Declaration in Support

Declaration in Support OF ATTORNEY’S MOTION TO BE RELIEVED AS COUNSEL-CIVIL

Comment
OF ATTORNEY’S MOTION TO BE RELIEVED AS COUNSEL-CIVIL
01/30/2019 Proposed Order Received

Proposed Order Received GRANTING ATTORNEY’S MOTION TO BE RELIEVED AS COUNSEL-CIVIL

Comment
GRANTING ATTORNEY’S MOTION TO BE RELIEVED AS COUNSEL-CIVIL
03/04/2019 Notice of Case Management Conference

Notice of Case Management Conference CMC 5/23/19

Comment
CMC 5/23/19
03/06/2019 Declaration of Non-Service

Declaration of Non-Service


03/22/2019 Motion to be Relieved as Counsel

~CIV Minute Order – Motion to be Relieved as Counsel 03/22/2019

Judicial Officer
Greenberg, Susan

Hearing Time
9:00 AM

Result
Held

05/01/2019 Ex Parte Fee Paid

05/01/2019 Ex Parte Application

Ex Parte Application FOR SUBSTITUTED SERVICE; ETC.. REV JT.

Comment
FOR SUBSTITUTED SERVICE; ETC.. REV JT.
05/01/2019 Order

Order Type: PLAINTIFF’S ORDER Signed by: JUDGE GREENBERG Date Signed: 5/1/19 REV JT

Comment
Type: PLAINTIFF’S ORDER Signed by: JUDGE GREENBERG Date Signed: 5/1/19 REV JT
05/07/2019 Notice of Motion and Motion to be Relieved as Counsel

Notice of Motion and Motion to be Relieved as Counsel

05/07/2019 Proposed Order Received

Proposed Order Received GRANTING ATTORNEY’S MOTION TO BE RELIVED AS COUNSEL

Comment
GRANTING ATTORNEY’S MOTION TO BE RELIVED AS COUNSEL
05/07/2019 Case Management Statement

Case Management Statement CMC 5/23

Comment
CMC 5/23
05/17/2019 Notice of Case Management Conference

Notice of Case Management Conference CMC 8/22/19

Comment
CMC 8/22/19

06/27/2019 Motion to be Relieved as Counsel

~CIV Minute Order – Motion to be Relieved as Counsel 06/27/2019

Judicial Officer
Greenberg, Susan

Hearing Time
9:00 AM

Result
Held

06/27/2019 Tentative ruling adopted and becomes order:

Comment
MOTION TO BE RELIEVED AS COUNSEL BY WHITNEY D. ACKERMAN The motion to be relieved as counsel of record is denied without prejudice for lack of proof that it was served in compliance with CRC 3.1362(d) and CCP 1005. If the tentative ruling is uncontested, it shall become the order of the Court, pursuant to Rule 3.1308(a)(1), adopted by Local Rule 3.10, effective immediately, and no formal order pursuant to Rule 3.1312 or any other notice is required as the tentative ruling affords sufficient notice to the parties.
07/24/2019 Notice of Motion and Motion to be Relieved as Counsel

Notice of Motion and Motion to be Relieved as Counsel WHITNEY ACKERMAN FOR PLAINTIFF IRVING

Comment
WHITNEY ACKERMAN FOR PLAINTIFF IRVING
07/24/2019 Declaration in Support

Declaration in Support OF MOTION TO BE RELIEVED AS COUNSEL

Comment
OF MOTION TO BE RELIEVED AS COUNSEL
07/24/2019 Proposed Order Received

Proposed Order Received GRANTING MOTION

Comment
GRANTING MOTION
07/29/2019 Notice of Case Management Conference

Notice of Case Management Conference CMC 10/24/19

Comment
CMC 10/24/19
08/27/2019 Proof of Service by PERSONAL SERVICE of

Proof of Service by PERSONAL SERVICE of NOTICE OF MOTION TO BE RELIEVED AS COUNSEL served on SEE SER

Comment
NOTICE OF MOTION TO BE RELIEVED AS COUNSEL served on SEE SERVICE LIST
08/27/2019 Proof of Service by MAIL of

Proof of Service by MAIL of MOTION TO BE RELIEVED AS COUNSEL served on SEE SERVICE LIST

Comment
MOTION TO BE RELIEVED AS COUNSEL served on SEE SERVICE LIST

09/12/2019 Motion to be Relieved as Counsel

~CIV Minute Order – Motion to be Relieved as Counsel 09/12/2019

Judicial Officer
Davis, III, Leland

Hearing Time
9:00 AM

Result
Held

Comment
WHITNEY ACKERMAN FOR PLAINTIFF IRVING

09/12/2019 Tentative ruling adopted and becomes order:

Comment
WHITNEY D. ACKERMAN’S MOTION TO BE RELIEVED AS COUNSEL. The motion to be relieved as counsel is DENIED without prejudice for lack of proof that it was served in compliance with CRC 3.1362(d) and CCP 1005. On May 5, the court entered an order providing that “The Court, having read and considered Plaintiff’s attorney’s moving papers and the court’s record on the above captioned matter grants Plaintiff’s attorney’s request to serve Plaintiff himself pursuant to CCP 1011 et seq.” Counsel, however, has not provided code-compliant proof of service indicating that Plaintiff Michael Irving was served by mail or substitute service. Counsel has filed two documents entitled “Proof of Service.” The first proof of service contains no facts, and is a photocopy of a certified mail receipt signed by someone other than the addressee. Notably, the proof of service contains no facts indicating what was mailed, whether it was mailed, and whether the return receipt was received by counsel. The second proof of service indicates that Hosea Irving was served as “Person in Charge Of Office” at Plaintiff’s last known address, 111 Hazel Ave in Redwood City. The declaration indicates, however, that service was made at 8:39 p.m. This contradicts the declaration that “Service was made . . . between the hours of eight in the morning and six in the afternoon.” More significantly, it contradicts CCP 1011, which provides that “Any attempt of service upon a party at the party’s residence shall be made between the hours of 8 a.m. and 8 p.m.” If the tentative ruling is uncontested, it shall become the order of the Court. Thereafter, counsel for Plaintiff shall prepare a written order consistent with the Court’s ruling for the Court’s signature, pursuant to California Rules of Court, Rule 3.1312, and provide written notice of the ruling to all parties who have appeared in the action, as required by law and the California Rules of Court.
10/04/2019 Request For Dismissal

Request For Dismissal With Prejudice ENTIRE ACTION

Comment
With Prejudice ENTIRE ACTION

10/24/2019 Case Management Conference

Judicial Officer
Grandsaert, John L.

Hearing Time
9:00 AM

Cancel Reason
Request for Dismissal

Financial

IRVING, MICHAEL

Total Financial Assessment$765.00
Total Payments and Credits$765.00
11/5/2018 Transaction Assessment $435.00
11/7/2018 Case Payment Receipt # 2018-072750-HOJ ONE LEGAL LLC ($435.00)
2/1/2019 Transaction Assessment $90.00
2/1/2019 Case Payment Receipt # 2019-007022-HOJ ONE LEGAL ($90.00)
5/1/2019 Transaction Assessment $60.00
5/1/2019 Case Payment Receipt # 2019-028964-HOJ ONE LEGAL ($60.00)
5/7/2019 Transaction Assessment $90.00
5/7/2019 Case Payment Receipt # 2019-030104-HOJ ONE LEGAL ($90.00)
7/24/2019 Transaction Assessment $90.00
7/24/2019 eFile Online Payment Receipt # 2019-046396-HOJ IRVING, MICHAEL ($90.00)
Documents

Notice of Case Management Conference

Summons Issued / Filed

Complaint

Civil Case Cover Sheet

Declaration in Support OF ATTORNEY’S MOTION TO BE RELIEVED AS COUNSEL-CIVIL

Motion TO BE RELIEVED AS COUNSEL-CIVIL

Proposed Order Received GRANTING ATTORNEY’S MOTION TO BE RELIEVED AS COUNSEL-CIVIL

Clerk’s Notice – Case Management Conference

Notice of Case Management Conference CMC 5/23/19

Declaration of Non-Service

~CIV Minute Order – Motion to be Relieved as Counsel 03/22/2019

Order Type: PLAINTIFF’S ORDER Signed by: JUDGE GREENBERG Date Signed: 5/1/19 REV JT

Ex Parte Application FOR SUBSTITUTED SERVICE; ETC.. REV JT.

Proposed Order Received GRANTING ATTORNEY’S MOTION TO BE RELIVED AS COUNSEL

Notice of Motion and Motion to be Relieved as Counsel

Case Management Statement CMC 5/23

Notice of Case Management Conference CMC 8/22/19

~CIV Minute Order – Motion to be Relieved as Counsel 06/27/2019

Notice of Motion and Motion to be Relieved as Counsel WHITNEY ACKERMAN FOR PLAINTIFF IRVING

Declaration in Support OF MOTION TO BE RELIEVED AS COUNSEL

Proposed Order Received GRANTING MOTION

Notice of Case Management Conference CMC 10/24/19

Proof of Service by PERSONAL SERVICE of NOTICE OF MOTION TO BE RELIEVED AS COUNSEL served on SEE SER

Proof of Service by MAIL of MOTION TO BE RELIEVED AS COUNSEL served on SEE SERVICE LIST

~CIV Minute Order – Motion to be Relieved as Counsel 09/12/2019

Request For Dismissal With Prejudice ENTIRE ACTION