Avid Commercial, LLC v. Brian Arteaga et al

California Central District Court
Judge:David O Carter
Referred: Douglas F Mccormick
Case #: 8:20-cv-02441
Nature of Suit110 Contract - Insurance
Cause28:1332 Diversity-Insurance Contract
Case Filed:Dec 30, 2020
Terminated:Apr 30, 2021
Last checked: Monday Jun 28, 2021 2:35 AM PDT
Defendant
Brian Arteaga
Defendant
Elias Insurance Agency, LLC
Plaintiff
Avid Commercial, LLC
Represented By
Evan S Strassberg
Michael Best And Friedrich LLP
contact info
Michael C. Barnhill
Michael Best And Friedrich LLP
contact info


Docket last updated: 04/26/2024 11:59 PM PDT
Friday, April 30, 2021
25 25 order Default Judgment Fri 04/30 3:33 PM
MINUTES (IN CHAMBERS) by Judge David O. Carter: ORDER GRANTING APPLICATIONFOR DEFAULT JUDGMENT19 . the Court ORDERS $1,245,717.95 in damages, pluspost-judgment interest accrued at the statutory rate from and after the date of this judgment.(Made JS-6. Case Terminated.) (lc)
Related: [-]
Tuesday, April 27, 2021
24 24 misc Response Tue 04/27 1:54 PM
RESPONSE filed by Plaintiff Avid Commercial, LLCto Text Only Scheduling Notice,,, 23(Strassberg, Evan)
Related: [-]
Att: 1 Exhibit A - Evidence of Commercial Property Insurance,
Att: 2 Exhibit B - Causes of Loss - Basic Form,
Att: 3 Exhibit C - Documentation of Property Insurance quote,
Att: 4 Exhibit D - Document Confirming Wire Transfer,
Att: 5 Exhibit Proof of Service
Thursday, April 22, 2021
textonly Text Only Scheduling Notice Thu 04/22 7:08 PM
REQUEST FOR FURTHER DOCUMENTATION by Judge David O. Carter. The Court orders Plaintiff AVID Commercial, LLC. to submit documentation of the property insurance policy for the Soto Street Building that Defendant Elias Insurance Agency, LLC. provided between the period February 8, 2019 through February 7, 2020; documentation of the property insurance quote for the Soto Street Building for the period beginning February 4, 2020 and ending on February 4, 2021 that was provided by Defendant Brian Arteaga to Plaintiff AVID Commercial, LLC.; and confirmation of the wired transfer premium of $9,229.18 made to Defendant Elias Insurance Agency, LLC. on behalf of Plaintiff AVID Commercial, LLC. All documentation must contain identifiable information of Defendants and Plaintiff and is to be filed with the Court by Tuesday, April 27, 2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd)
Related: [-]
Thursday, April 01, 2021
20 20 notice Deficiency in Electronically Filed Documents (G-112A) - optional html form Thu 04/01 1:03 PM
NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: APPLICATION for Default Judgment against Defendants Brian Arteaga and Elias Insurance19 . The following error(s) was/were found: Proposed Document was not submitted as separate attachment. Other error(s) with document(s): No [Prop] Order attached. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lom)
Related: [-]
textonly Text Only Scheduling Notice Thu 04/01 1:39 PM
SCHEDULING NOTICE by Judge David O. Carter: The Court is in receipt of the Application for Default Judgment19 , the Order to Show Cause hearing re: Default Judgment set for 04/5/2020 at 8:30 a.m. is hereby discharged and no appearances are necessary for this hearing. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd)
Related: [-]
textonly Text Only Scheduling Notice Thu 04/01 1:59 PM
AMENDED SCHEDULING NOTICE by Judge David O. Carter: The Court is in receipt of the Application for Default Judgment19 , the Order to Show Cause hearing re: Default Judgment set for 04/5/2021 at 8:30 a.m. is hereby discharged and no appearances are necessary for this hearing. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd)
Related: [-]
Wednesday, March 31, 2021
19 19 motion Default Judgment Wed 03/31 2:28 PM
APPLICATION for Default Judgment against Defendants Brian Arteaga and Elias Insurance filed by Plaintiff Avid Commercial, LLC. Application set for hearing on 5/3/2021 at 08:30 AM before Judge David O. Carter. (Strassberg, Evan)
Related: [-]
Att: 1 Memorandum of Points and Authorities in Support of Application for Default Judgment,
Att: 2 Exhibit Index,
Att: 3 Exhibit A - Declaration of C. Scharman,
Att: 4 Exhibit B - Declaration of E. Strassberg,
Att: 5 Exhibit Proof of Service
Friday, March 12, 2021
18 18 service Proof of Service (subsequent documents) Fri 03/12 10:16 AM
PROOF OF SERVICE filed by Defendant Elias Insurance Agency, LLC Avid Commercial, LLC, re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines13 served on 03/08/21. (Strassberg, Evan)
Related: [-]
17 17 service Proof of Service (subsequent documents) Fri 03/12 10:14 AM
PROOF OF SERVICE filed by Defendant Brian Arteaga Avid Commercial, LLC, re Minutes of In Chambers Order/Directive - no proceeding held, Set/Reset Deadlines13 served on 03/08/21. (Strassberg, Evan)
Related: [-]
Thursday, March 04, 2021
15 15 order Clerks Entry of Default (CV-37) - optional html form Thu 03/04 3:10 PM
DEFAULT BY CLERK F.R.Civ.P.55(a) as to BRIAN ARTEAGA, an individual, ELIAS INSURANCE AGENCY, LLC, a California limited liability company (twdb)
Related: [-]
textonly Text Only Scheduling Notice Thu 03/04 3:50 PM
(IN CHAMBERS) ORDER TO SHOW CAUSE re: DEFAULT JUDGMENT by Judge David O. Carter. In light of the Default By Clerk15 entered on March 4, 2021, the Court sets a hearing for Order to Show Cause Re Default Judgment for APRIL 5, 2021 at 8:30 a.m. If a Motion for Default Judgment is filed before April 1, 2021, the hearing on the Order to Show Cause will be discharged, and no appearances will be necessary on April 5, 2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (kd)
Related: [-]
Wednesday, March 03, 2021
14 14 motion Clerk to Enter Default Wed 03/03 9:40 AM
REQUEST for Clerk to Enter Default against Defendants All Defendants filed by Plaintiff Avid Commercial, LLC. (Strassberg, Evan)
Related: [-]
13 13 order Minutes of In Chambers Order/Directive - no proceeding held ~Util - Set/Reset Deadlines Wed 03/03 8:39 AM
MINUTE ORDER IN CHAMBERS by Judge David O. Carter: ORDER TO SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED FOR LACK OF PROSECUTION. SEE DOCUMENT FOR FURTHER INFORMATION. ( Show Cause Response due by 3/9/2021.) (twdb)
Related: [-]
Tuesday, March 02, 2021
12 12 order Initial Order upon Filing of Complaint - form only Tue 03/02 9:28 PM
INITIAL STANDING ORDER FOLLOWING ASSIGNMENT OF CIVIL CASE TO JUDGE CARTER upon filing of the complaint by Judge David O. Carter. (kd)
Related: [-]
11 11 notice Notice of Reassignment (CV-87) of Magistrate Judge Direct Assignment Program Tue 03/02 5:13 PM
NOTICE OF REASSIGNMENT of MJDAP case from Magistrate Judge Karen E. Scott to Judge David O. Carter for all further proceedings. Any discovery matters that may be referred to a Magistrate Judge are assigned to U.S. Magistrate Judge Douglas F. McCormick. The case number will now reflect the initials of the transferee Judges 8:20-cv-01441 DOC(DFMx). (rn)
Related: [-]
Tuesday, January 26, 2021
10 10 service Service of Summons and Complaint Returned Executed (21 days) Tue 01/26 2:25 PM
PROOF OF SERVICE Executed by Plaintiff Avid Commercial, LLC, upon Defendant Elias Insurance Agency, LLC served on 1/14/2021, answer due 2/4/2021. Service of the Summons and Complaint were executed upon Elias Arteaga - President in compliance with Federal Rules of Civil Procedure by personal service.Original Summons returned. (Strassberg, Evan)
Related: [-]
9 9 service Service of Summons and Complaint Returned Executed (21 days) Tue 01/26 2:22 PM
PROOF OF SERVICE Executed by Plaintiff Avid Commercial, LLC, upon Defendant Brian Arteaga served on 1/14/2021, answer due 2/4/2021. Service of the Summons and Complaint were executed upon Brian Arteaga in compliance with Federal Rules of Civil Procedure by substituted service at business address and no service by mail was executed.Original Summons returned. (Strassberg, Evan)
Related: [-]
Wednesday, January 06, 2021
8 8 service Summons Issued Wed 01/06 1:36 PM
21 DAY Summons Issued re Complaint (Attorney Civil Case Opening)1 as to Defendant Brian Arteaga, Elias Insurance Agency, LLC. (es)
Related: [-]
Tuesday, January 05, 2021
7 7 notice Summons Request Tue 01/05 10:39 AM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Avid Commercial, LLC. (Strassberg, Evan)
Related: [-]
Monday, January 04, 2021
6 6 notice Deficiency in Summons Mon 01/04 3:43 PM
NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: The caption of the summons must match the caption of the complaint verbatim. If the caption is too large to fit in the space provided, enter the name of the first party and then write see attached.Next, attach a face page of the complaint or a second page addendum to the Summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (jtil)
Related: [-]
5 5 misc Notice to Counsel (CV-20a) Magistrate Judge Direct Assignment Program - optional html form Mon 01/04 3:38 PM
NOTICE TO COUNSEL re Magistrate Judge Direct Assignment Program. This case has been randomly assigned to Magistrate Judge Karen E. Scott. #1 CV11C) (jtil)
Related: [-]
Wednesday, December 30, 2020
4 4 notice Summons Request Wed 12/30 1:32 PM
Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening)1 filed by Plaintiff Avid Commercial, LLC. (Strassberg, Evan)
Related: [-]
3 3 notice Certificate/Notice of Interested Parties Wed 12/30 1:07 PM
NOTICE of Interested Parties filed by Plaintiff Avid Commercial, LLC, identifying Avid Commercial, LLC; Hotel Fund, LLC; and KB Investment Partners III, LLC. (Strassberg, Evan)
Related: [-]
2 2 misc Civil Cover Sheet (CV-71) Wed 12/30 1:02 PM
CIVIL COVER SHEET filed by Plaintiff Avid Commercial, LLC. (Strassberg, Evan)
Related: [-]
1 1 9 pgs cmp Complaint (Attorney Civil Case Opening) Wed 12/30 1:00 PM
COMPLAINT Receipt No: ACACDC-29786198 - Fee: $402, filed by Plaintiff Avid Commercial, LLC. (Attorney Evan S Strassberg added to party Avid Commercial, LLC(pty:pla))(Strassberg, Evan)
Related: [-]