This case was last updated from Los Angeles County Superior Courts on 09/26/2020 at 02:12:30 (UTC).

ALDO SEOANE VS LOS ANGELES DEPARTMENT OF SOCIAL SERVICES

Case Summary

On 03/06/2020 ALDO SEOANE filed an Other - Sister State Judgment lawsuit against LOS ANGELES DEPARTMENT OF SOCIAL SERVICES. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The case status is Disposed - Dismissed.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0954

  • Filing Date:

    03/06/2020

  • Case Status:

    Disposed - Dismissed

  • Case Type:

    Other - Sister State Judgment

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

 

Party Details

Plaintiff

SEOANE ALDO

Defendant

LOS ANGELES DEPARTMENT OF SOCIAL SERVICES

Not Classified By Court

COUNTY LOS ANGELES A PUBLIC ENTITY

 

Court Documents

Notice (name extension) - Notice of Non-Opposition to County of Los Angeles, a public entity's Motion to Vacate Sister State Judgment

9/18/2020: Notice (name extension) - Notice of Non-Opposition to County of Los Angeles, a public entity's Motion to Vacate Sister State Judgment

Notice of Ruling - Notice of Ruling

9/24/2020: Notice of Ruling - Notice of Ruling

Minute Order - Minute Order (Hearing on Motion to Vacate Sister State Judgment)

9/24/2020: Minute Order - Minute Order (Hearing on Motion to Vacate Sister State Judgment)

Notice (name extension) - Notice OF HEARING RE: COUNTY OF LOS ANGELES, A PUBLIC ENTITYS MOTION TO VACATE SISTER STATE JUDGMENT AND EXHIBIT A

7/16/2020: Notice (name extension) - Notice OF HEARING RE: COUNTY OF LOS ANGELES, A PUBLIC ENTITYS MOTION TO VACATE SISTER STATE JUDGMENT AND EXHIBIT A

Motion to Vacate (name extension) - Motion to Vacate SISTER STATE JUDGMENT, DECLARATION OF ANITA SUSAN BRENNER, ESQ.; EXHIBITS A-B

6/5/2020: Motion to Vacate (name extension) - Motion to Vacate SISTER STATE JUDGMENT, DECLARATION OF ANITA SUSAN BRENNER, ESQ.; EXHIBITS A-B

Request for Judicial Notice - Request for Judicial Notice

6/11/2020: Request for Judicial Notice - Request for Judicial Notice

Notice (name extension) - Notice RECORD OF MOTION TO VACATE FILED BY COUNTY OF LOS ANGELES, A PUBLIC ENTITY

6/15/2020: Notice (name extension) - Notice RECORD OF MOTION TO VACATE FILED BY COUNTY OF LOS ANGELES, A PUBLIC ENTITY

Declaration (name extension) - Declaration OF RUBEN KHOSDIKIAN IN SUPPORT OF COUNTY OF LOS ANGELES, A PUBLIC ENTITY, ERRONEOUSLY SUED AS LOS ANGELES DEPARTMENT OF SOCIAL SERVICES MOTION TO VACATE SI

6/16/2020: Declaration (name extension) - Declaration OF RUBEN KHOSDIKIAN IN SUPPORT OF COUNTY OF LOS ANGELES, A PUBLIC ENTITY, ERRONEOUSLY SUED AS LOS ANGELES DEPARTMENT OF SOCIAL SERVICES MOTION TO VACATE SI

Minute Order - Minute Order (Court Order Re: Motion to vacate sister judgment)

7/8/2020: Minute Order - Minute Order (Court Order Re: Motion to vacate sister judgment)

Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Motion to vacate sister judgment) of 07/08/2020

7/8/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order Re: Motion to vacate sister judgment) of 07/08/2020

Application for Entry of Judgment on Sister-State Judgment - Application for Entry of Judgment on Sister-State Judgment

3/6/2020: Application for Entry of Judgment on Sister-State Judgment - Application for Entry of Judgment on Sister-State Judgment

Civil Case Cover Sheet - Civil Case Cover Sheet

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

Judgment - Judgment

3/6/2020: Judgment - Judgment

First Amended Standing Order - First Amended Standing Order

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

2 More Documents Available

 

Docket Entries

  • 09/24/2020
  • DocketNotice of Ruling; Filed by: County Los Angeles a Public Entity (Non-Party)

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  • 09/24/2020
  • DocketMinute Order (Hearing on Motion to Vacate Sister State Judgment)

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  • 09/24/2020
  • DocketOn the Petition filed by Aldo Seoane on 03/06/2020, judgment entered on 03/06/2020 as to Los Angeles Department of Social Services is

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  • 09/24/2020
  • DocketUpdated -- On the Petition filed by Aldo Seoane on 03/06/2020, judgment entered on 03/06/2020 is vacated

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  • 09/24/2020
  • DocketHearing on Motion to Vacate Sister State Judgment scheduled for 09/24/2020 at 10:00 AM in Spring Street Courthouse at Department 25 updated: Result Date to 09/24/2020; Result Type to Held - Motion Granted

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  • 09/18/2020
  • DocketNotice of Non-Opposition to County of Los Angeles, a public entity's Motion to Vacate Sister State Judgment; Filed by: County Los Angeles a Public Entity (Non-Party)

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  • 07/16/2020
  • DocketNotice OF HEARING RE: COUNTY OF LOS ANGELES, A PUBLIC ENTITY?S MOTION TO VACATE SISTER STATE JUDGMENT AND EXHIBIT A; Filed by: Los Angeles Department of Social Services (Defendant)

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  • 07/08/2020
  • DocketHearing on Motion to Vacate Sister State Judgment scheduled for 09/24/2020 at 10:00 AM in Spring Street Courthouse at Department 25

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  • 07/08/2020
  • DocketMinute Order (Court Order Re: Motion to vacate sister judgment)

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  • 07/08/2020
  • DocketCertificate of Mailing for (Court Order Re: Motion to vacate sister judgment) of 07/08/2020; Filed by: Clerk

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2 More Docket Entries
  • 06/15/2020
  • DocketNotice RECORD OF MOTION TO VACATE FILED BY COUNTY OF LOS ANGELES, A PUBLIC ENTITY; Filed by: Los Angeles Department of Social Services (Defendant); As to: Aldo Seoane (Plaintiff)

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  • 06/11/2020
  • DocketRequest for Judicial Notice; Filed by: Los Angeles Department of Social Services (Defendant)

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  • 06/05/2020
  • DocketMotion to Vacate SISTER STATE JUDGMENT, DECLARATION OF ANITA SUSAN BRENNER, ESQ. EXHIBITS A-B; Filed by: Los Angeles Department of Social Services (Defendant)

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  • 03/11/2020
  • DocketUpdated -- Application for Entry of Judgment on Sister-State Judgment: As To Parties changed from Los Angeles Department of Social Services (Defendant) to Los Angeles Department of Social Services (Defendant)

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  • 03/06/2020
  • DocketApplication for Entry of Judgment on Sister-State Judgment; Filed by: Aldo Seoane (Plaintiff); As to: Los Angeles Department of Social Services (Defendant)

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  • 03/06/2020
  • DocketCivil Case Cover Sheet; Filed by: Aldo Seoane (Plaintiff)

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

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  • 03/06/2020
  • DocketCase assigned in ROOM 118 Stanley Mosk Courthouse

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  • 03/06/2020
  • DocketJudgment; Filed by: Clerk

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  • 03/06/2020
  • DocketCourt orders judgment entered for Plaintiff Aldo Seoane against Defendant Los Angeles Department of Social Services on the Petition filed by Aldo Seoane on 03/06/2020 for the principal amount of $9,787.40, interest of $424.75, and costs of $370.00 for a total of $10,582.15.

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Tentative Rulings

Case Number: 20STCP00954    Hearing Date: September 24, 2020    Dept: 25

HEARING DATE: Thu., September 24, 2020 JUDGE /DEPT: Blancarte/25

CASE NAME: Seoane v. Los Angeles Department of Social Services

CASE NUMBER: 20STCP00954 PET. FILED: 03-06-20

NOTICE: OK JUDGMENT (SD): 10-01-19

JUDGMENT (CA): 03-06-20

PROCEEDINGS: MOTION TO VACATE SISTER-STATE JUDGMENT

MOVING PARTY: Defendant County of Los Angeles, erroneously sued as Los Angeles Department of Social Services

RESP. PARTY: None

MOTION TO SET ASIDE SISTER-STATE JUDGMENT

(CCP § 1710.40)

TENTATIVE RULING:

County of Los Angeles’, erroneously sued as Los Angeles Department of Social Services, Motion to Vacate Sister-State Judgment is GRANTED. The Judgment against Los Angeles Department of Social Services entered on March 6, 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 September 22, 2020 [ ] Late [X] None

REPLY: None filed as of September 22, 2020 [ ] Late [X] None

ANALYSIS:

  1. Background

On October 1, 2019, the Magistrate Court in the Sixth Judicial Circuit in the State of South Dakota, County of Todd, entered a judgment for Aldo Seoane (“Plaintiff”) and against Los Angeles Department of Social Services in the amount of $9,787.40. (3/6/20 Application for Entry of Judgment on Sister State Judgment.) A judgment of $10,582.15 was entered that same day against Los Angeles Department of Social Services, based on damages of $9,787.40, interest of $424.75, and costs of $370.00 (the “Judgment”). (3/6/20 Judgment.)

The Judgment includes a certificate of mailing demonstrating the court clerk served a copy of the Judgment on Plaintiff. (Id.) The Court’s records do not demonstrate Plaintiff filed a proof of service demonstrating he gave Los Angeles Department of Social Services notice of the entry of Judgment in this state.

On June 5, 2020, the County of Los Angeles, erroneously sued as Los Angeles Department of Social Services filed the instant Motion to Vacate Sister-State Judgment (the “Motion”). To date, Plaintiff has not filed an opposition.

  1. Request for Judicial Notice

County of Los Angeles requests judicial notice of the following documents:

  1. Copies of the pleadings, including Plaintiff’s Statement of Small Claims and Plaintiff’s Affidavit of Non-Military Service, filed on August 9, 2019 in the case Seoane v. Los Angeles Department of Social Services, Case No. 60SMC19-000020;

  2. Copies of the Notice of Small Claims Lawsuit, dated August 9, 2019 sent to “Los Angeles Department of Social Services” at 500 W. Temple, Los Angeles, CA 90012 and Notice of Small Claims Lawsuit dated August 9, 2019 without an address for Los Angeles Department of Social Services;

  3. Copy of envelope postmarked August 9, 2019, returned to the clerk as “not deliverable as addressed, return to sender” for case Seoane v. Los Angeles Department of Social Services, Case No. 60SMC19-000020;

  4. Copy of certified mail form (not receipt) to “Los Angeles Department of Social Services” at 500 W. Temple, Los Angeles, CA 90012 dated August 13, 2020 for case Seoane v. Los Angeles Department of Social Services, Case 60SMC19-000020;

  5. Copy of document noting Los Angeles Department of Social Services’ address as 500 W. Temple, Los Angeles, CA 90012;

  6. Copy of the Small Claims Order for Default for case Seoane v. Los Angeles Department of Social Services, Case 60SMC19-000020 dated October 1, 2019;

  7. Copy of the Judgment, dated October 1, 2019;

  8. Copy of the envelope postmarked October 1, 2019, returned to the court clerk as “not deliverable as addressed, return to sender” bearing visible zip code as 90012;

  9. Copy of an undated certified mail form (not receipt) from sender to “Los Angeles Department of Social Services” at 500 W. Temple, Los Angeles, CA 90012;

  10. Copy of an undated receipt for payment for $6.85;

  11. Copies of County of Los Angeles’ counsel’s letter sent via email on June 5, 2020 to the Clerk of the State of South Dakota, County of Todd, regarding counsel’s request for the entire file and case docket for case Seoane v. Los Angeles Department of Social Services, Case No. 60SMC19-000020. (Mot., RJN, ¶¶ 3-14, Exhs. C-M.)

 

County of Los Angeles’ request is GRANTED as to items 1, 2, 3, 6, 7, and 8. (Evid. Code, § 452, subd. (d).) However, because items 4, 5, 9, 10, and 11 are not certified copies and do not have a receipt stamp from the South Dakota Todd County court clerk, the Court cannot find that these remaining documents are part of the Court’s record. Nor do these documents fall within any other category listed in Evidence Code section 452. Accordingly, County of Los Angeles’ request is DENIED as to items 4, 5, 9, 10, and 11.

  1. Legal Standard

“Article IV, section 1 of the United States Constitution provides that [f]ull Faith and Credit shall be given in each State to the public Acts, Records and judicial Proceedings of every other State. It has long been the law that the judgment of a state court should have the same credit, validity, and effect in every other court in the United States, which it had in the state where it was pronounced. [Citations.] Therefore, under California law, the judgment of a sister state must be given full faith and credit if that sister state had jurisdiction over the parties and the subject matter, and all interested parties were given reasonable notice and opportunity to be heard. [Citations.]” (Conseco Marketing, LLC v. IFA Services, Inc. (2013) 221 Cal.App.4th 831, 837.)

A judgment creditor can apply to domesticate a sister-state judgment pursuant to Code of Civil Procedure section 1710.20. Once entered, a domesticated sister-state judgment “has the same effect as an original money judgment of the court and may be enforced or satisfied in like manner.” (Code Civ. Proc., §1710.35.) “A judgment entered pursuant to this chapter may be vacated on any ground which would be a defense to an action in this state on the sister-state judgment, including the ground that the amount of interest accrued on the sister-state judgment and included in the judgment entered pursuant to this chapter is incorrect.” (Code Civ. Proc., § 1710.40, subd. (a).)

A motion to vacate a sister state judgment must be made no later 30 days after service of notice of entry of judgment. (Code Civ. Proc., § 1710.40, subd. (b).) The moving party bears the burden of demonstrating it is entitled to relief. (Tsakos Shipping & Trading S.A. v. Juniper Garden Town Homes, LTD. (1993) 12 Cal.App.4th 74, 88.) However, “[t]he 30-day limit does not apply where the judgment debtor was not served properly with process in the sister-state action.” (Conseco Marketing, LLC v. IFA & Ins. Services, Inc. (2013) 221 Cal.App.4th 831, 839.) In addition, when a court lacks jurisdiction in a fundamental sense, an ensuing judgment is void, and thus vulnerable to direct or collateral attack at any time. [Citation.]” (Ibid.)

  1. Discussion

County of Los Angeles, erroneously sued as Los Angeles Department of Social Services, seeks to vacate the South Dakota Judgment domesticated in California on March 6, 2020 on various grounds.

County of Los Angeles first notes that the “Los Angeles Department of Social Services” does not exist. (Mot., p. 10:20-25.) In his Application for Entry of Judgment on Sister-State Judgment, Plaintiff indicates that Los Angeles Department of Social Services is a corporation. (3/6/20 Application for Entry of Judgment, ¶ 2(c).) County of Los Angeles’ counsel submits evidence that she ran a business search on the California Secretary of State’s website for corporation name “Los Angeles Department of Social Services.” (Mot., Brenner Decl., ¶¶ 3-4, Exh. A.) No results were found. (Id.) A nonentity cannot sue or be sued. (Oliver v. Swiss Club Tell (1963) 222 Cal.App.2d 528, 537.) “Where a suit is brought against an entity which is legally nonexistent, the proceeding is void ab initio and its validity can be called into question at any time. [Citations.]” (Id. at p. 537-38.)

As County of Los Angeles points out, it appears that Plaintiff may have attempted to sue the Los Angeles County Department of Public Social Services (“DPSS”). (Id.) However, even if Plaintiff had named the correct department, the DPSS is not a recognizable public entity capable of being sued. A public entity may sue or be sued. (Govt. Code, § 945.) A ‘“[p]ublic entity” includes the state, the Regents of the University of California, the Trustees of the California State University and the California State University, a county, city, district, public authority, public agency, and any other political subdivision or public corporation in the State.” (Govt. Code, § 811.2.) (Italics added.) The DPSS is not a public entity as defined by Government Code section 811.2.

In addition, Code of Civil Procedure section 680.250 defines a “judgment debtor” as “the person against whom a judgment is rendered.” (Italics added.) A “person” includes “a natural person, a corporation, a partnership or other unincorporated association, a general partner of a partnership, a limited liability company, and a public entity.” (Code Civ. Proc., § 680.280.) As noted above, the Los Angeles Department of Social Services is neither a public entity nor a corporation; it does not exist. No lawful judgment can be entered against a nonentity. (Oliver v. Swiss Club Tell, supra, 222 Cal.App.2d at p. 538.)

Because a judgment entered against a nonexistent county department is unenforceable and void, the instant Motion is GRANTED.

Having determined that the Judgment should be vacated for the reasons noted above, the Court does not issue a ruling on County of Los Angeles’ remaining arguments.

  1. Conclusion & Order

For the foregoing reasons, County of Los Angeles’, erroneously sued as Los Angeles Department of Social Services, Motion to Vacate Sister-State Judgment is GRANTED. The Judgment against Los Angeles Department of Social Services entered on March 6, 2020 is HEREBY VACATED.

Moving party is ordered to give notice.