This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 15:04:51 (UTC).

A PLUS FABRICS INC. VS URBAN TEXTILE, INC.

Case Summary

On 11/03/2017 A PLUS FABRICS INC filed a Contract - Other Contract lawsuit against URBAN TEXTILE, INC. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4068

  • Filing Date:

    11/03/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

A PLUS FABRICS INC.

Defendants

URBAN TEXTILE INC.

CHUNG BILL AKA BEE O. CHUNG AKA BEE CHUNG

Attorney/Law Firm Details

Plaintiff Attorney

TABIBI NICO

 

Court Documents

Request for Dismissal - Request for Dismissal

8/14/2019: Request for Dismissal - Request for Dismissal

Other - (name extension) - Bond in support of temporary protective order

11/3/2017: Other - (name extension) - Bond in support of temporary protective order

Memorandum of Points & Authorities

11/3/2017: Memorandum of Points & Authorities

Declaration (name extension) - in support of ex parte application

11/3/2017: Declaration (name extension) - in support of ex parte application

Right to Attach Order After Hearing and Order for Issuance of Writ of Attachment

12/12/2017: Right to Attach Order After Hearing and Order for Issuance of Writ of Attachment

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

2/11/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Request for Dismissal - Request for Dismissal

2/11/2019: Request for Dismissal - Request for Dismissal

Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order) of 03/27/2019

3/27/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Court Order) of 03/27/2019

Minute Order - (Hearing on Application for Writ of Attachment)

12/12/2017: Minute Order - (Hearing on Application for Writ of Attachment)

Notice of Ruling

11/3/2017: Notice of Ruling

Proof of Personal Service

11/8/2017: Proof of Personal Service

Proof of Personal Service

11/8/2017: Proof of Personal Service

Summons - on Complaint

11/3/2017: Summons - on Complaint

Minute Order - (Ex-Parte Proceeding for right to attach order or for issuance...)

11/3/2017: Minute Order - (Ex-Parte Proceeding for right to attach order or for issuance...)

Notice of Case Assignment - Limited Civil Case

11/3/2017: Notice of Case Assignment - Limited Civil Case

15 More Documents Available

 

Docket Entries

  • 11/06/2020
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

    Read MoreRead Less
  • 09/04/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740

    Read MoreRead Less
  • 08/14/2019
  • DocketRequest for Dismissal; Filed by: A Plus Fabrics Inc. (Plaintiff); As to: Urban Textile, Inc. (Defendant)

    Read MoreRead Less
  • 03/27/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 scheduled for 09/04/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 03/27/2019
  • DocketMinute Order (Court Order)

    Read MoreRead Less
  • 03/27/2019
  • DocketCertificate of Mailing for Minute Order (Court Order) of 03/27/2019; Filed by: Clerk

    Read MoreRead Less
  • 03/27/2019
  • DocketOn the Court's own motion, Non-Jury Trial scheduled for 05/03/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 Not Held - Advanced and Vacated on 03/27/2019

    Read MoreRead Less
  • 02/11/2019
  • DocketRequest for Dismissal; Filed by: A Plus Fabrics Inc. (Plaintiff)

    Read MoreRead Less
  • 02/11/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: A Plus Fabrics Inc. (Plaintiff); As to: Bill Chung (Defendant)

    Read MoreRead Less
  • 02/11/2019
  • DocketDefault entered as to Bill Chung; On the Complaint filed by A Plus Fabrics Inc. on 11/03/2017

    Read MoreRead Less
21 More Docket Entries
  • 11/03/2017
  • DocketUpdated -- Urban Textile, Inc. (Defendant): Organization Name changed from Urban Textile, Inc., a California corporation to Urban Textile, Inc.

    Read MoreRead Less
  • 11/03/2017
  • DocketMinute Order (Ex-Parte Proceeding for right to attach order or for issuance...)

    Read MoreRead Less
  • 11/03/2017
  • DocketDeclaration in support of ex parte; Filed by: A Plus Fabrics Inc., a California corporation (Plaintiff)

    Read MoreRead Less
  • 11/03/2017
  • DocketDeclaration in support of ex parte application; Filed by: A Plus Fabrics Inc., a California corporation (Plaintiff)

    Read MoreRead Less
  • 11/03/2017
  • DocketMemorandum of Points & Authorities; Filed by: A Plus Fabrics Inc., a California corporation (Plaintiff)

    Read MoreRead Less
  • 11/03/2017
  • DocketTemporary Protective Order; Filed by:

    Read MoreRead Less
  • 11/03/2017
  • DocketOther - Bond in support of temporary protective order; Filed by: A Plus Fabrics Inc. (Plaintiff)

    Read MoreRead Less
  • 11/03/2017
  • DocketNotice of Ruling; Filed by: A Plus Fabrics Inc. (Plaintiff)

    Read MoreRead Less
  • 11/03/2017
  • DocketComplaint; Filed by: A Plus Fabrics Inc., a California corporation (Plaintiff); As to: Urban Textile, Inc., a California corporation (Defendant)

    Read MoreRead Less
  • 11/03/2017
  • DocketCivil Case Cover Sheet; Filed by: A Plus Fabrics Inc., a California corporation (Plaintiff)

    Read MoreRead Less

Tentative Rulings

Case Number: 17STLC04068    Hearing Date: January 20, 2021    Dept: 26

A Plus Fabrics, Inc. v. Urban Textiles, Inc., et al.

MOTION TO VACATE DISMISSAL

(CCP § 473(b))

TENTATIVE RULING:

Plaintiff A Plus Fabrics, Inc.’s Motion to Vacate Dismissal is DENIED.

ANALYSIS:

On November 3, 2017, Plaintiff A Plus Fabrics, Inc. (“Plaintiff”) filed the instant action against Defendant Urban Textile, Inc. (“Defendant”). The Court set an Order to Show Cause regarding entry of default and default judgment for January 15, 2020 and gave Plaintiff notice of the same. Upon Plaintiff’s failure to appear at the Order to Show Cause, the Court dismissed the action without prejudice. (Minute Order, 1/15/20.) Plaintiff filed the instant Motion to Vacate Dismissal on September 1, 2020. To date, no opposition has been filed to the Motion.

Discussion

Plaintiff seeks relief from the dismissal entered on January 15, 2020 pursuant to the Court’s equitable powers, Code of Civil Procedure, section 473, subdivision (b) and Cal. Rules of Court, Rule 3.1300. The Court will address each basis in turn.

The Court’s Inherent and Equitable Powers

The Court is not aware of any authority that allows it to vacate a dismissal based on its equitable and inherent powers. The cases to which Plaintiff cites pertain to a court’s authority to formulate procedural rules with respect to pending litigation. (See Cottle v. Superior Court (1992) 3 Cal.App.4th 1367-1379.) This authority is also reflected in statute as articulated by Code of Civil Procedure sections 128 and 187. (Ibid.) None of the cases to which Plaintiff cited indicate the court has any authority to vacate a dismissal under these powers.

Code of Civil Procedure section 473, subdivision (b)

Under this statute, an application for relief must be made no more than six months after entry of the order from which relief is sought and must be accompanied by an affidavit of fault attesting to the mistake, inadvertence, surprise or neglect of the moving party or its attorney. (Code Civ. Proc., § 473, subd. (b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.)

The Motion is not timely brought within six months of dismissal of the action. The six-month deadline is jurisdictional and not subject to tolling. (Manson, Iver & York v. Black (2009) 176 Cal.App.4th 36, 42.) The Court has no authority to relieve Plaintiff from the dismissal under this statute.

Cal. Court of Rules, Rule 3.1300

Finally, the Motion cites to Cal. Court of Rules, Rule 3.1300. However, that rule pertains to the timing of motions and has no bearing on relief from an involuntary dismissal.

Conclusion

Plaintiff A Plus Fabrics, Inc.’s Motion to Vacate Dismissal is DENIED.

Court clerk to give notice.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where Urban Textile, Inc is a litigant

Latest cases where A PLUS FABRIC INC. is a litigant