Central District Consumer Bankruptcy Attorney's Association

Dear Listmates:
I have several related questions about service of a motion and who needs to
be served.
1. Is NEF service on the plaintiff's attorney sufficient for a motion for
attorneys fees by a prevailing nondischargeability defendant or does
plaintiff need to be served directly, presumably by mail?
I won a dischargeability AP for a consumer client who is now entitled to
attorney's fees. I filed a motion for attorneys fees per CA CD LBR
9013-1(o)--without a hearing. Plaintiff's counsel was served via NEF and
defaulted. When I submitted the proposed order, the court denied the
motion because the plaintiffs were not served directly. Here is my first
question: I am not going to appeal this, but I was surprised by the ruling
and wonder by what authority is NEF service not sufficient for a motion for
attorneys fees by a prevailing nondischargeability defendant?
2. Is an FBO party entitled to service is is the trustee the only one who
is so entitled?
As I said I won't be appealing this ruling but will serve the plaintiff.
Or is it plaintiffs (plural)? The caption reads:
JOHN DOE, an individual, as trustee for ABC Co. Profit Sharing Plan FBO
John Doe and Jane Doe as to an undivided 50% interest
It sounds like I have just one plaintiffJOHN DOEthe trustee of the profit
sharing plan, and he is the only one who needs to be served. Jane Doe is
apparently a beneficiary of the profit sharing plan and is not listed in
the caption as the party to the law suit. Am I correct?
3. Does the phrase "as to undivided XX% interest" need to be included in
the caption of the complaint?
As I said above the caption included the phrase "as to an undivided 50%
interest." This phrase came from the deed where it was used to indicate
the share owned. However, I think this phrase is not part of the
litigant's name or capacity, and therefore this phrase does not need to be
included into the caption? Am I correct?
As always, thank you for your thoughtful responses.
Alik Segal
Alik.Segal@gmail.com
310-362-6157
California Central District
Dear Listmates:I have several related questions about service of a motion and who needs to be served.1. Is NEF service on the plaintiff's attorney sufficient for a motion for attorneys fees by a prevailing nondischargeability defendant or does plaintiff need to be served directly, presumably by mail?
I won a dischargeability AP for a consumer client who is now entitled to attorney's fees. I filed a motion for attorneys fees per CA CD LBR 9013-1(o)--without a hearing. Plaintiff's counsel was served via NEF and defaulted. When I submitted the proposed order, the court denied the motion because the plaintiffs were not served directly. Here is my first question: I am not going to appeal this, but I was surprised by the ruling and wonder by what authority is NEF service not sufficient for a motion for attorneys fees by a prevailing nondischargeability defendant?
2. Is an FBO party entitled to service is is the trustee the only one who is so entitled?As I said I won't be appealing this ruling but will serve the plaintiff. Or is it plaintiffs (plural)? The caption reads:

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