Century 21 Real Estate LLC v. San Vicente Real Estate Services, INC et al

Plaintiff: Century 21 Real Estate LLC
Defendant: San Vicente Real Estate Services, INC, Arnold K Fry and Helen B Jupin
Case Number: 3:2007cv01423
Filed: August 3, 2007
Court: California Southern District Court
Office: San Diego Office
County: San Diego
Referring Judge: Ruben B. Brooks
Presiding Judge: M. James Lorenz
Nature of Suit: Contract: Franchise
Cause of Action: 28:1332 Diversity-Insurance Contract
Jury Demanded By: None

Docket Report

We have record of the following docket entries for this case:

Date Filed#Document Text
May 10, 2010 34 Clerk's DEFAULT JUDGMENT in favor of Century 21 Real Estate LLC against San Vicente Real Estate Services, INC, Arnold K Fry, Helen B Jupin: The court finds the following award appropriate in this case against all Defendants jointly and severally: (1) $203,304.10 for damages; (2) 10% interest on the foregoing principal amount, or $55.70 per day, starting on August 3, 2007 and accruing until paid; and (3) a total of $10,872.50 for reasonable attorneys fees and costs. (mjj) (av1).
May 7, 2010 33 Featured Case ORDER Granting 30 Plaintiff's Motion for Default Judgment in the amount of $203,304.10 for damages, 10% interest, or $55.70 per day starting on 8/3/07, and $10,872.50 for reasonable attorneys' fees and costs. The Clerk of the Court is instructed to enter judgment according to this order. Signed by Judge M. James Lorenz on 5/7/2010. (mjj) (av1).
January 25, 2010 32 NOTICE of Change of Address by Tara Lynn Martin (Attachments: # 1 Proof of Service Certificate of Service)(Martin, Tara)(asw).
December 7, 2009 31 Featured Case ORDER Re: Oral Argument: Motions Submitted 30 MOTION for Default Judgment. The court finds the motion suitable for determination on the papers and without oral argument in accordance with Civil Local Rule 7.1(d)(1). Accordingly, no appearances are required on December 14, 2009 and the motion will be deemed submitted as of that date. Signed by Judge M. James Lorenz on 12/7/2009. (mjj)(kaj).
September 18, 2009 30 MOTION for Default Judgment as to Defendants San Vicente Real Estate Services, Inc., a California coration, doing business as Century 21 San Vicente, Arnold K. Fry, and individual, and Helen B. Jupin, an individual by Century 21 Real Estate LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Jacqueline Bertet, # 3 Declaration of Tara L. Martin, # 4 Certificate of Service)(Martin, Tara) Modified on 9/21/2009 - sent email re exhibits (mjj)
August 5, 2009 29 Featured Case ORDER Denying 27 Plaintiff's Motion for Default Judgment. Signed by Judge M. James Lorenz on 8/5/2009. (mjj) (jrl).
April 1, 2009 28 Featured Case ORDER re: Oral Argument: Scheduled on this court's calendar for 4/6/2009 is 27 Plaintiff's MOTION for Default Judgment. The court finds the motion suitable for determination on the papers and without oral argument. Accordingly, no appearances are required on April 6, 2009 and the motion will be deemed submitted as of that date. Signed by Judge M. James Lorenz on 4/1/2009. (mjj)
January 30, 2009 27 MOTION for Default Judgment as to Defendants San Vicente Real Estate Services, Inc., a California corporation, doing business as Century 21 San Vicente, Arnold K. Fry, an individual, and Helen B. Jupin, an individual by Century 21 Real Estate LLC. (Attachments: # 1 Memo of Points and Authorities, # 2 Declaration of Jacqueline Bertet In Support of Plaintiff's Application for Default Judgment by Court, # 3 Declaration of Tara L. Martin, # 4 Certificate of Service)(Martin, Tara) (mjj)
January 29, 2009 26 Featured Case Notice of Document Discrepancy and Order Thereon by Judge M. James Lorenz Rejecting Document: 25 Motion for Default Judgment from Plaintiff Century 21 Real Estate LLC. Non-compliance with local rule(s), Civ. L. Rule 7.1 or 47.1: Lacking memorandum of points and authorities in support as a separate document. IT IS HEREBY ORDERED: The document is rejected. It is ordered that the Clerk STRIKE the document from the record, and serve a copy of this order on all parties. Signed by Judge M. James Lorenz on 1/29/2009. (mjj)
January 28, 2009 25 Document Stricken from the Record pursuant to 26 Order - MOTION for Default Judgment as to San Vicente Real Estate Services, Inc., a California corporation, doing business as Century 21 San Vicente, Arnold K. Fry, an individual, and Helen B. Jupin, an individual by Century 21 Real Estate LLC. (Attachments: # 1 Declaration of Jacqueline Bertet in Support of Plaintiff's Application for Default Judgment by Court, # 2 Declaration of Tara L. Martin in Support of Plaintiff's Application for Default Judgment by Court, # 3 Proof of Service)(Martin, Tara) (mjj) (Attachment(s) added on 1/29/2009 to replace stricken document) (mjj). Modified on 1/29/2009 to add striking text (mjj)
January 28, 2009 24 NOTICE of Appearance by Tara Lynn Martin on behalf of Century 21 Real Estate LLC (Attachments: # 1 Proof of Service Certificate of Service)(Martin, Tara) (mjj)
August 12, 2008 23 Featured Case ORDER Denying 17 Plaintiff's Motion for Default Judgment. Signed by Judge M. James Lorenz on 8/12/2008. (mjj)
April 30, 2008 22 Featured Case ORDER re: Oral Argument: Currently on this court's calendar for 5/5/08 is 17 Plaintiff's MOTION for Default Judgment. The court finds the motion suitable for determination on the papers and without oral argument. No appearances are required on 5/5/08 and the motion will be deemed submitted as of that date. Signed by Judge M. James Lorenz on 4/30/2008. (mjj)
February 29, 2008 21 Discrepancy Order by Judge M. James Lorenz accepting document: 17 18 19 Motion for Default Judgment, Declaration of Susan Peck, Declaration of Beth Klepar from Plaintiff Century 21 Real Estate LLC, non-compliance with local rule ECF 2(f) - Lacking proper signature; ECF 2(g)(2) - Supporting documents are to be filed as attachments to the motion. The documents are accepted despite the discrepancy noted above. Signed by Judge M. James Lorenz on 2/29/2008. (mjj)
February 29, 2008 20 NOTICE OF HEARING VACATED: Dismissal Hearing (55.1) set for 3/3/2008 11:00 AM in Courtroom 14 before Judge M. James Lorenz is vacated. Motion for default judgment filed. (smv)
February 28, 2008 19 DECLARATION re 17 MOTION for Default Judgment as to Defendants, 18 Declaration by Plaintiff Century 21 Real Estate LLC. (Peck, Susan) Modified on 2/29/2008 - sent DO to chambers re attachments (mjj, )
February 28, 2008 18 DECLARATION re 17 MOTION for Default Judgment as to Defendants by Plaintiff Century 21 Real Estate LLC. (Peck, Susan) Modified on 2/29/2008 - sent DO to chambers re attachments and signature (mjj, )
February 28, 2008 17 MOTION for Default Judgment as to Defendants by Century 21 Real Estate LLC. (Peck, Susan) Modified on 2/29/2008 - sent DO to chambers re attachments and signature (mjj, )
February 28, 2008 16 CERTIFICATE OF SERVICE by Century 21 Real Estate LLC Default (Peck, Susan) (mjj, )
January 30, 2008 15 NOTICE OF HEARING: Dismissal Hearing (55.1) set for 3/3/2008 11:00 AM in Courtroom 14 before Judge M. James Lorenz. (smv)
October 9, 2007 14 Clerk's ENTRY OF DEFAULT as to San Vicente Real Estate Services, INC, Arnold K Fry, Helen B Jupin (mjj)
October 2, 2007 13 Request for Entry of Clerks Judgment MOTION for Default Judgment as to Plaintiff's request for entry of default against defendant Helen B. Jupin by Century 21 Real Estate LLC. (Attachments: # 1 Declaration Declaration of SRP in support of Pltf request for entry of default against defendant Helen B. Jupin# 2 Proof of Service Proof of Service for Helen B. Jupin)(Peck, Susan) Modified on 10/9/2007 - incorrectly filed as motion (mjj, ).
October 2, 2007 12 Request for Entry of Clerks Default MOTION for Default Judgment as to Plaintiff's Request for Entry of Default against Defendant Arnold K. Fry by Century 21 Real Estate LLC. (Attachments: # 1 Declaration Declaration of SRP in support of Pltf Request for Entry of Default against Defendant Arnold K. Fry# 2 Proof of Service Proof of service for Arnold K. Fry)(Peck, Susan) Modified on 10/9/2007 - incorrectly filed as motion (mjj, ).
October 2, 2007 11 Request for Entry of Clerks Default MOTION for Default Judgment as to Plaintiff's Request for Entry of Default against Defendant San Vicente Real Estate Services, Inc. by Century 21 Real Estate LLC. (Attachments: # 1 Declaration declaration in support of request for entry of default# 2 Proof of Service Proof of service for San Vicente Real Estate Services Inc.)(Peck, Susan) Modified on 10/9/2007 - filed incorrectly as a motion (mjj, ).
September 20, 2007 10 SUMMONS Returned Executed by Century 21 Real Estate LLC. San Vicente Real Estate Services, INC served on 8/31/2007, answer due 9/20/2007. (Peck, Susan) (mjj, )
September 20, 2007 9 SUMMONS Returned Executed by Century 21 Real Estate LLC. Helen B Jupin served on 9/2/2007, answer due 9/24/2007. (Peck, Susan) (mjj, )
September 20, 2007 8 SUMMONS Returned Executed by Century 21 Real Estate LLC. Arnold K Fry served on 9/5/2007, answer due 9/25/2007. (Peck, Susan) (mjj,)
August 28, 2007 7 Summons on First Amended Complaint Issued as to San Vicente Real Estate Services, INC, Arnold K Fry, Helen B Jupin. (mjj)
August 20, 2007 6 NOTICE of Non-Compliance with Local Rule 5.4(a) Mandatory Electronic Filing re 5 Notice of Party With Financial Interest, 4 Amended Complaint (mjj)
August 20, 2007 5 NOTICE of Party With Financial Interest by Century 21 Real Estate LLC re 4 Amended Complaint (mjj)
August 20, 2007 4 First AMENDED COMPLAINT against San Vicente Real Estate Services, INC, Arnold K Fry, Helen B Jupin, filed by Century 21 Real Estate LLC.(mjj)(bar ).
August 7, 2007 3 Featured Case ORDER DISMISSING COMPLAINT for Lack of Subject Matter Jurisdiction: Plaintiff may amend the complaint by sufficiently alleging the citizenship of each of its members. Any such amended complaint due 8/20/07. Signed by Judge M. James Lorenz on 8/6/2007. (mjj) Attachment(s) added on 8/9/2007 (mjj, ). Modified on 8/9/2007 to replace unreadable document (mjj, ).
August 7, 2007 2 Discrepancy Order by Judge M. James Lorenz rejecting document: Notice of Interested Parties from Plaintiff Century 21 Real Estate LLC, non-compliance with local rule Other- No Original Signature. The document is NOT to be filed, but instead REJECTED. Signed by Judge M. James Lorenz on 8/6/2007. (mjj)
August 3, 2007 1 COMPLAINT against San Vicente Real Estate Services, INC, Arnold K Fry, Helen B Jupin ( Filing fee $ 350 receipt number 141134.), filed by Century 21 Real Estate LLC.(cap)(bar ).

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Plaintiff: Century 21 Real Estate LLC
Represented By: Susan R Peck
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Defendant: San Vicente Real Estate Services, INC
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Defendant: Arnold K Fry
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Defendant: Helen B Jupin
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