This case was last updated from U.S. District Courts on 10/05/2025 at 11:05:13 (UTC).

Harold Pick v. Motorola Solutions, Inc. et al

Case Summary

On 03/30/2025 Harold Pick filed a Civil lawsuit against Motorola Solutions, Inc. This case was filed in U.S. District Courts, California Central District. The Judges overseeing this case are John F. Walter and Charles F. Eick. The case status is Open.
Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    2:25-cv-02771

  • Filing Date:

    03/30/2025

  • Case Status:

    Open

  • Case Type:

    Civil

Complaint

INTRODUCTION

1. A suit may only be maintained by the real party in interest. Fed. R. Civ. Proc., R. 17(a); accord Cal. Code Civ. Proc., §§ 673, 681.020.

2. Through the deceptive means alleged below, James A. Kay, Jr. (“Kay”) has, for decades, engaged in judgment enforcement efforts on Motorola’s judgment while concealing the existence of an assignment.

3. Due to such deception, Judgment Debtor Harold Pick (“Pick”) has been thwarted in his ability to assert, in judgment-enforcement proceedings, various affirmative defenses that were specific to Kay; and defenses under sections 673 and 681.020 of the California Code of Civil Procedure.

4. To pervert the administration of justice, and with stated motive to circumvent Pick’s ability to assert affirmative defenses, Kay has misused the processes of the United States District Court to prosecute judgment enforcement efforts in the name of the wrong party—namely, the ostensible Judgment Creditor, Motorola Solutions, Inc.

5. Judgment Creditor Motorola Solutions, Inc. (“MSI”), through demonstrable perjury, deception, and fraud, has aided and abetted such misuses of the United States District Court’s processes.

6. Pick previously sought discovery regarding such matters. The District Court directed Pick to raise his claims by way of an independent action:

Although Pick strenuously argues that Motorola assigned the Judgment to Kay, Pick has failed to provide any evidence of this purported assignment or any evidence that Motorola is no longer the judgment creditor. In addition, Pick has failed to demonstrate that any such assignment can be properly challenged on a motion to vacate the renewal of a judgment. See, e.g., California Coastal Commission v. Allen, 167 Cal. App. 4th 322 ( 2008 ) (“[W]e conclude the Legislature did not intend a proceeding under the Enforcement of Judgments Law to become a forum for litigating the validity of the underlying assignment agreement” and concluding that “challenges to the method


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and content of [an] assignment of judgment . . . are subject to being raised in a separate proceeding”).

Motorola Inc. v. Pick et al., CACD No. 04- 2655 -JFW, No. 516, Order Denying Motion by Judgment Debtor Harold Pick to Vacate the Renewal of Judgment (Feb. 29, 2024 ).

7. This is that action.

8. Recently obtained evidence demonstrates that “Motorola is no longer the judgment creditor.” Evidence obtained after September 2024 contains written agreement between Kay and MSI that money collected under the judgment would be divided between them “as set forth in the Assignment Agreement.”

9. Pick accordingly files this “separate proceeding” for declaratory judgment and other equitable relief.

10. Pick also raises the various wrongdoings perpetrated by Motorola in obtaining the initial 2005 judgment against him. Courts have perpetual inherent jurisdiction to set aside a judgment “to prevent a grave miscarriage of justice.” United States v. Beggerly, 524 U.S. 38, 47 ( 1998 ).

JURISDICTION & VENUE

11. Plaintiff Harold Pick (“PICK”), at all times relevant herein, was a resident, domiciliary, and citizen of California, with his primary place of residence in Los Angeles County.

12. Defendant MOTOROLA SOLUTIONS, INC. (“MOTOROLA”) is a corporation organized under the laws of the state of Delaware.

13. Plaintiff James A. Kay, Jr. (“Kay”), is, and at all times relevant herein was, a resident, domiciliary, and citizen of Nevada.

14. Federal jurisdiction arises pursuant to section 1331 of title 28 of the United States Code, as the underlying judgment in Motorola Inc v. Pick 2:04-cv- arose from a federal question; and an independent action to set aside a prior

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Judge Details

Presiding Judge

John F. Walter

Referral Judge

Charles F. Eick

 

Party Details

Plaintiff

Harold Pick

Defendant

James A Kay, Jr

Attorney/Law Firm Details

Plaintiff Attorney

Levi Lesches

Defendant Attorneys

Richard C Leonard

David J Leonard

Other Attorneys

Adam R. Fox

Thomas Joseph Lloyd

 

Court Documents

#60

(#60) NOTICE OF LIEN filed by Claimant Buddy Corporation. (Manasserian, Armen) (Entered: 09/29/2025)

#59

(#59) MINUTES (IN CHAMBERS) ORDER DENYING DEFENDANT JAMES A. KAY, JR.'S SPECIAL MOTION TO STRIKE [filed 7/8/25; Docket No. #29 ] by Judge John F. Walter. Kay's Motion is DENIED. (iv) (Entered: 09/26/2025)

#58

(#58) SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 9/11/2026 at 8:00 AM before Judge John F. Walter. Bench Trial set for 9/22/2026 at 8:30 AM before Judge John F. Walter. SEE ORDER FOR DETAILS. (iv) (Entered: 08/19/2025)

#57

(#57) ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on August 25, 2025 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby orders this case referred to: ADR Procedure No. 3: Private mediation. The ADR proceeding is to be completed no later than: February 9, 2026. (iv) (Entered: 08/19/2025)

44 #1

Proposed Order

#44

(#51) DECLARATION of Levi Lesches Regarding Mootness MOTION for Order for Stay Discovery Pending Ruling on Motorola's Motion to Dismiss #44 filed by Plaintiff Harold Pick. (Attachments: #1 Exhibit A - Nonconfidential State-Court Settlement, #2 Exhibit B - State-Court Dismissal, #3 Exhibit C - Assignment of Judgment, #4 Exhibit D - Meet and Confer)(Lesches, Levi) (Entered: 08/04/2025)

29 #2

Exhibit MIRMAN BUBMAN & NAHMIAS RETAINER LETTER DATED JUNE 9, 2014

29 #1

Exhibit PARKER MILLIKEN RETAINER LETTER DATED APRIL 16, 2014

#29

(#52) (IN CHAMBERS): ORDER TAKING UNDER SUBMISSION DEFENDANT JAMES A. KAY JR.'S SPECIAL MOTION TO STRIKE [filed 7/8/25; Docket No. #29 ] by Judge John F. Walter: Defendant James A. Kay's Special Motion to Strike is currently on calendar for August 11, 2025, at 1:30 p.m. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for August 11, 2025, is hereby vacated and the matter is taken off calendar. The matter will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (es) (Entered: 08/08/2025)

2 #10

Exhibit J

2 #9

Exhibit I

2 #8

Exhibit H

2 #7

Exhibit G

2 #5

Exhibit E

2 #3

Exhibit C

2 #1

Exhibit A

#2

(#2) NOTICE OF ERRATA filed by Plaintiff Harold Pick. correcting Complaint (Attorney Civil Case Opening) #1 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Lesches, Levi) (Entered: 03/30/2025)

#1

(#9) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants James A Kay, Jr and Motorola Solutions, Inc. (jtil) (Entered: 04/03/2025)

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Docket Entries

09/29/2025
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Docket(#60) NOTICE OF LIEN filed by Claimant Buddy Corporation. (Manasserian, Armen) (Entered: 09/29/2025)

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09/26/2025
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Docket(#59) MINUTES (IN CHAMBERS) ORDER DENYING DEFENDANT JAMES A. KAY, JR.'S SPECIAL MOTION TO STRIKE [filed 7/8/25; Docket No. #29 ] by Judge John F. Walter. Kay's Motion is DENIED. (iv) (Entered: 09/26/2025)

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08/18/2025
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Docket(#58) SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 9/11/2026 at 8:00 AM before Judge John F. Walter. Bench Trial set for 9/22/2026 at 8:30 AM before Judge John F. Walter. SEE ORDER FOR DETAILS. (iv) (Entered: 08/19/2025)

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08/18/2025
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Docket(#57) ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on August 25, 2025 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby orders this case referred to: ADR Procedure No. 3: Private mediation. The ADR proceeding is to be completed no later than: February 9, 2026. (iv) (Entered: 08/19/2025)

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08/15/2025
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Docket(#56) MINUTES (IN CHAMBERS) ORDER DENYING AS MOOT DEFENDANT MOTOROLA SOLUTIONS, INC.'S MOTION TO STAY DISCOVERY PENDING RULING ON MOTOROLA'S MOTION TO DISMISS [filed 7/23/25; Docket No. #44 ] by Judge John F. Walter. light of Motorola's dismissal, Motorola's Motion is DENIED as moot. (iv) (Entered: 08/16/2025)

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08/15/2025
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Docket(#55) JOINT REPORT Rule 26(f) Discovery Plan filed by Plaintiff Harold Pick.. (Attachments: #1 Exhibit A - Disclosed FD-302, #2 Exhibit B - Undisclosed FD-302, #3 Exhibit C - Limited FOIA Release of Notes, #4 Exhibit D - Trial Testimony)(Lesches, Levi) (Entered: 08/15/2025)

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08/13/2025
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Docket(#54) ORDER GRANTING STIPULATION FOR DISMISSAL WITHOUT PREJUDICE #53 by Judge John F. Walter. Motorola Solutions, Inc. is dismissed from the First Amended Complaint under Rule 41(a)(2), effective immediately upon entry of this order. (iv) (Entered: 08/15/2025)

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08/11/2025
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Docket(#53) STIPULATION to Dismiss Defendant Motorola Solutions, Inc. filed by Plaintiff Harold Pick. (Attachments: #1 Proposed Order)(Lesches, Levi) (Entered: 08/11/2025)

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08/07/2025
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Docket(#52) (IN CHAMBERS): ORDER TAKING UNDER SUBMISSION DEFENDANT JAMES A. KAY JR.'S SPECIAL MOTION TO STRIKE [filed 7/8/25; Docket No. #29 ] by Judge John F. Walter: Defendant James A. Kay's Special Motion to Strike is currently on calendar for August 11, 2025, at 1:30 p.m. Pursuant to Rule 78 of the Federal Rules of Civil Procedure and Local Rule 7-15, the Court finds that this matter is appropriate for decision without oral argument. The hearing calendared for August 11, 2025, is hereby vacated and the matter is taken off calendar. The matter will be deemed submitted on the vacated hearing date and the clerk will notify the parties when the Court has reached a decision. (es) (Entered: 08/08/2025)

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08/04/2025
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Docket(#51) DECLARATION of Levi Lesches Regarding Mootness MOTION for Order for Stay Discovery Pending Ruling on Motorola's Motion to Dismiss #44 filed by Plaintiff Harold Pick. (Attachments: #1 Exhibit A - Nonconfidential State-Court Settlement, #2 Exhibit B - State-Court Dismissal, #3 Exhibit C - Assignment of Judgment, #4 Exhibit D - Meet and Confer)(Lesches, Levi) (Entered: 08/04/2025)

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04/03/2025
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Docket(#10) ORDER RE TRANSFER PURSUANT TO Local Rule 83-1.3.1 and Pursuant to this Court's General Order in the Matter of Assignment of Cases and Duties to the District Judges. -Related Case- filed. Related Case No: 2:04-cv-02655 JFW(Ex). Case referred from Magistrate Judge John D. Early to Magistrate Judge Charles F. Eick for Discovery. The case number will now read as follows: 2:25-cv-02771 JFW(Ex). Signed by Magistrate Judge Charles F. Eick. (rn) (Entered: 04/03/2025)

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04/03/2025
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Docket(#9) 21 DAY Summons Issued re Complaint (Attorney Civil Case Opening) #1 as to Defendants James A Kay, Jr and Motorola Solutions, Inc. (jtil) (Entered: 04/03/2025)

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04/02/2025
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Docket(#8) Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) (Entered: 04/02/2025)

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04/02/2025
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Docket(#7) NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 04/02/2025)

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04/02/2025
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Docket(#6) NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge John D. Early. (jtil) (Entered: 04/02/2025)

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03/30/2025
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Docket(#5) Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) #1 filed by Plaintiff Harold Pick. (Lesches, Levi) (Entered: 03/30/2025)

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03/30/2025
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Docket(#4) CERTIFICATE of Interested Parties filed by Plaintiff Harold Pick, (Lesches, Levi) (Entered: 03/30/2025)

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03/30/2025
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Docket(#3) CIVIL COVER SHEET filed by Plaintiff Harold Pick. (Lesches, Levi) (Entered: 03/30/2025)

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03/30/2025
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Docket(#2) NOTICE OF ERRATA filed by Plaintiff Harold Pick. correcting Complaint (Attorney Civil Case Opening) #1 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Lesches, Levi) (Entered: 03/30/2025)

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03/30/2025
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Docket(#1) COMPLAINT Receipt No: ACACDC-39405402 - Fee: $405, filed by Plaintiff Harold Pick. (Attorney Levi Lesches added to party Harold Pick(pty:pla))(Lesches, Levi) (Entered: 03/30/2025)

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Harold Pick v. Motorola Solutions, Inc. et al
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