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This case was last updated from Los Angeles County Superior Courts on 03/27/2021 at 01:31:22 (UTC).

ALAN HANDEL VS DSH TRADERS, INC., ET AL.

Case Summary

On 06/03/2020 ALAN HANDEL filed a Contract - Other Contract lawsuit against DSH TRADERS, INC . This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is JAMES E. BLANCARTE. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4667

  • Filing Date:

    06/03/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

JAMES E. BLANCARTE

 

Party Details

Plaintiff

HANDEL ALAN

Defendants

AEGIS SECURITY INC. CO.

DSH TRADERS INC. DBA EDDIE'S AUTO SALES

Attorney/Law Firm Details

Plaintiff Attorney

SADR KASRA

Defendant Attorneys

GASCOU CHRISTIAN JEAN

GOODHEART GREGORY

 

Court Documents

Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default

2/4/2021: Motion to Set Aside/Vacate Default - Motion to Set Aside/Vacate Default

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

3/25/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

Answer - Answer

3/25/2021: Answer - Answer

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

9/29/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

7/6/2020: Proof of Personal Service - Proof of Personal Service

Proof of Service by Substituted Service - Proof of Service by Substituted Service

7/6/2020: Proof of Service by Substituted Service - Proof of Service by Substituted Service

Answer - Answer

7/8/2020: Answer - Answer

Civil Case Cover Sheet - Civil Case Cover Sheet

6/3/2020: Civil Case Cover Sheet - Civil Case Cover Sheet

Summons - Summons on Complaint

6/3/2020: Summons - Summons on Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

6/3/2020: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

Complaint - Complaint

6/3/2020: Complaint - Complaint

First Amended Standing Order - First Amended Standing Order

6/3/2020: First Amended Standing Order - First Amended Standing Order

 

Docket Entries

  • 06/07/2023
  • Hearing06/07/2023 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 12/01/2021
  • Hearing12/01/2021 at 08:30 AM in Department 25 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 03/25/2021
  • DocketUpdated -- Answer: Status Date changed from 10/06/2020 to 03/25/2021; As To Parties: removed

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  • 03/25/2021
  • DocketOn the Complaint filed by Alan Handel on 06/03/2020, Default entered on 09/29/2020, Vacated - .

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  • 03/25/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

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  • 03/25/2021
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 03/25/2021 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 03/25/2021; Result Type to Held - Motion Granted

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  • 02/04/2021
  • DocketMotion to Set Aside/Vacate Default; Filed by: DSH Traders, Inc. (Defendant); As to: Alan Handel (Plaintiff)

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  • 02/04/2021
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 03/25/2021 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 10/06/2020
  • DocketAnswer; Filed by: DSH Traders, Inc. (Defendant)

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  • 09/29/2020
  • DocketRequest for Entry of Default / Judgment; Filed by: Alan Handel (Plaintiff); As to: DSH Traders, Inc. (Defendant)

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2 More Docket Entries
  • 07/06/2020
  • DocketProof of Service by Substituted Service; Filed by: Alan Handel (Plaintiff); As to: DSH Traders, Inc. (Defendant); Proof of Mailing Date: 06/13/2020; Service Cost: 109.00; Service Cost Waived: No

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  • 07/06/2020
  • DocketProof of Personal Service; Filed by: Alan Handel (Plaintiff); As to: Alan Handel (Plaintiff); Service Date: 06/08/2020; Service Cost: 40.00; Service Cost Waived: No

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  • 06/03/2020
  • DocketNon-Jury Trial scheduled for 12/01/2021 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 06/03/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/07/2023 at 08:30 AM in Spring Street Courthouse at Department 25

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  • 06/03/2020
  • DocketComplaint; Filed by: Alan Handel (Plaintiff); As to: DSH Traders, Inc. (Defendant); Aegis Security Inc. Co. (Defendant)

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  • 06/03/2020
  • DocketSummons on Complaint; Issued and Filed by: Alan Handel (Plaintiff); As to: DSH Traders, Inc. (Defendant); Aegis Security Inc. Co. (Defendant)

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  • 06/03/2020
  • DocketCivil Case Cover Sheet; Filed by: Alan Handel (Plaintiff); As to: DSH Traders, Inc. (Defendant); Aegis Security Inc. Co. (Defendant)

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  • 06/03/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/03/2020
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 06/03/2020
  • DocketCase assigned to Hon. James E. Blancarte in Department 25 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC04667    Hearing Date: March 25, 2021    Dept: 25

HEARING DATE:    Thu., March 25, 2021 JUDGE /DEPT: Blancarte/25

CASE NAME: Handel v. DSH Traders, Inc., et al. COMPL. FILED: 06-03-20

CASE NUMBER: 20STLC04667 DEFAULT: 09-29-20

NOTICE: OK TRIAL DATE:  12-01-21

PROCEEDINGS: MOTION TO VACATE AND SET ASIDE ENTRY OF DEFAULT

MOVING PARTY:   Defendant DSH Traders, Inc. dba Eddie’s Auto Sales

RESP. PARTY: None

MOTION TO SET ASIDE DEFAULT

(CCP § 473(b))

TENTATIVE RULING:

Defendant DSH Traders, Inc. dba Eddie’s Auto Sales’ Motion to Vacate and Set Aside Entry of Default is GRANTED. The default entered against Defendant DSH on September 29, 2020 is HEREBY VACATED.

SERVICE

[X] Proof of Service Timely Filed (CRC, rule 3.1300) OK

[X] Correct Address (CCP §§ 1013, 1013a) OK

[X] 16/21 Court Days Lapsed (CCP §§ 12c, 1005(b)) OK

OPPOSITION: None filed as of March 23, 2021 [   ] Late [X] None

REPLY: None filed as of March 23, 2021 [   ] Late [X] None

ANALYSIS:

  1. Background

On June 3, 2020, Plaintiff Alan Handel (“Plaintiff”) filed an action against Defendants DSH Traders, Inc. dba Eddie’s Auto Sales (“DSH”) and Aegis Security, Inc. Co. (“Aegis”) (collectively, “Defendants”). Defendant Aegis filed an Answer on July 8, 2020. Following Defendant DSH’s failure to respond, default was entered against it on September 29, 2020.

On February 4, 2021, Defendant DSH filed the instant Motion to Vacate and Set Aside Entry of Default (the “Motion”). To date, no opposition has been filed.

  1. Legal Standard & Discussion

Defendant DSH seeks relief pursuant to Code of Civil Procedure section 473, subdivision (b). (Mot., pp. 1-2.) Under this statute, an application for relief must be made no more than six months after entry of the judgment, dismissal, order or other proceeding 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.)

Defendant DSH’s Motion is timely. It seeks to set aside the default entered against it on September 29, 2020 due to Defendant DSH’s counsel’s neglect. (Mot., p. 8:12-19.) Specifically, Defendant’s counsel states that he spoke with Defendant Aegis’ counsel and mistakenly believed Defendant Aegis responded to the Complaint on behalf of Defendant DSH. (Id., Goodheart Decl., ¶ 4.) Defendant DSH’s counsel later discovered his mistaken belief and answered the Complaint on behalf of Defendant DSH on October 6, 2020. (Id.) Notably, although Defendant DSH was in default, its answer was not rejected. (Id.)

Based on the timely request to vacate the default supported by an attorney affidavit of fault, the unopposed Motion is GRANTED. The answer filed on October 6, 2020 is hereby deemed Defendant DSH’s operative answer.

  1. Conclusion & Order

For the foregoing reasons, Defendant DSH Traders, Inc. dba Eddie’s Auto Sales’ Motion to Vacate and Set Aside Entry of Default is GRANTED. The default entered against Defendant DSH on September 29, 2020 is HEREBY VACATED.

Moving party is ordered to give notice.

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