This case was last updated from Los Angeles County Superior Courts on 10/20/2021 at 00:33:00 (UTC).

ALEJANDRO DIAZ VS RONALD M. BALLESTEROS

Case Summary

On 07/20/2018 ALEJANDRO DIAZ filed a Civil Right - Other Civil Right lawsuit against RONALD M BALLESTEROS. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judges overseeing this case are WENDY CHANG and STEPHEN M. MOLONEY. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******9851

  • Filing Date:

    07/20/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Civil Right - Other Civil Right

  • County, State:

    Los Angeles, California

Judge Details

Judges

WENDY CHANG

STEPHEN M. MOLONEY

 

Party Details

Plaintiff

DIAZ ALEJANDRO

Defendant

BALLESTEROS RONALD M.

Attorney/Law Firm Details

Plaintiff Attorney

MEHRBAN MORSE

 

Court Documents

Opposition (name extension) - Opposition Specially Appearing Party Francis Ballesteros' Opposition to Motion to Continue Action

10/7/2021: Opposition (name extension) - Opposition Specially Appearing Party Francis Ballesteros' Opposition to Motion to Continue Action

Minute Order - Minute Order (Hearing on Motion to Continue Action Against Decedent Defenda...)

9/24/2021: Minute Order - Minute Order (Hearing on Motion to Continue Action Against Decedent Defenda...)

Motion for Order (name extension) - Motion for Order to Continue Action Against Decedent Defendant's Successor in Interest

8/16/2021: Motion for Order (name extension) - Motion for Order to Continue Action Against Decedent Defendant's Successor in Interest

Minute Order - Minute Order (Hearing - Other Re: Revised Memorandum of Decision and Order)

8/5/2021: Minute Order - Minute Order (Hearing - Other Re: Revised Memorandum of Decision and Order)

Other - (name extension) - Other - Revised Memorandum of Decision and Order

7/13/2021: Other - (name extension) - Other - Revised Memorandum of Decision and Order

Certificate of Mailing for - Certificate of Mailing for (Revised Memorandum of Decision and Order) of 07/13/2021, Revised Memorandum of Decision

7/13/2021: Certificate of Mailing for - Certificate of Mailing for (Revised Memorandum of Decision and Order) of 07/13/2021, Revised Memorandum of Decision

Minute Order - Minute Order (Revised Memorandum of Decision and Order)

7/13/2021: Minute Order - Minute Order (Revised Memorandum of Decision and Order)

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 07/23/2021

7/23/2021: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 07/23/2021

Minute Order - Minute Order (Court Order)

7/23/2021: Minute Order - Minute Order (Court Order)

Notice (name extension) - Notice of Intention to Move to Set Aside and Vacate Judgment

6/2/2021: Notice (name extension) - Notice of Intention to Move to Set Aside and Vacate Judgment

Memorandum (name extension) - Memorandum of Decision and Order

5/25/2021: Memorandum (name extension) - Memorandum of Decision and Order

Minute Order - Minute Order (Ruling on Submitted Matter)

5/25/2021: Minute Order - Minute Order (Ruling on Submitted Matter)

Certificate of Mailing for - Certificate of Mailing for (Ruling on Submitted Matter) of 05/25/2021, Memorandum of Decision and Order

5/25/2021: Certificate of Mailing for - Certificate of Mailing for (Ruling on Submitted Matter) of 05/25/2021, Memorandum of Decision and Order

Minute Order - Minute Order (Non-Jury Trial)

5/20/2021: Minute Order - Minute Order (Non-Jury Trial)

Notice (name extension) - Notice of Entry of Judgment or Order

2/22/2021: Notice (name extension) - Notice of Entry of Judgment or Order

Trial Brief - Trial Brief

2/22/2021: Trial Brief - Trial Brief

Trial Brief - Trial Brief

5/6/2021: Trial Brief - Trial Brief

Limited Jurisdiction Trial Transfer Order - Limited Jurisdiction Trial Transfer Order to Judge Moloney in D-4 at Spring Street; OTR fothwith

5/20/2021: Limited Jurisdiction Trial Transfer Order - Limited Jurisdiction Trial Transfer Order to Judge Moloney in D-4 at Spring Street; OTR fothwith

43 More Documents Available

 

Docket Entries

  • 10/20/2021
  • Hearing10/20/2021 at 08:30 AM in Department 4 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Continue (name extension)

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  • 10/07/2021
  • DocketOpposition Specially Appearing Party Francis Ballesteros' Opposition to Motion to Continue Action; Filed by: Ronald M. Ballesteros (Defendant)

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  • 09/24/2021
  • DocketHearing on Motion to Continue Action Against Decedent Defendants Successor in Interest scheduled for 10/20/2021 at 08:30 AM in Spring Street Courthouse at Department 4

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  • 09/24/2021
  • DocketMinute Order (Hearing on Motion to Continue Action Against Decedent Defenda...)

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  • 09/24/2021
  • DocketOn the Court's own motion, Hearing on Motion to Continue Action Against Decedent Defendants Successor in Interest scheduled for 09/24/2021 at 08:30 AM in Spring Street Courthouse at Department 4 Held - Continued was rescheduled to 10/20/2021 08:30 AM

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  • 08/18/2021
  • DocketHearing on Motion to Continue Action Against Decedent Defendants Successor in Interest scheduled for 09/24/2021 at 08:30 AM in Spring Street Courthouse at Department 4

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  • 08/16/2021
  • DocketMotion for Order to Continue Action Against Decedent Defendant's Successor in Interest; Filed by: Alejandro Diaz (Plaintiff)

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  • 08/05/2021
  • DocketMinute Order (Hearing - Other Re: Revised Memorandum of Decision and Order)

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  • 08/05/2021
  • DocketHearing - Other Re: Revised Memorandum of Decision and Order scheduled for 08/05/2021 at 08:30 AM in Spring Street Courthouse at Department 4 updated: Result Date to 08/05/2021; Result Type to Held

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  • 07/23/2021
  • DocketHearing - Other Re: Revised Memorandum of Decision and Order scheduled for 08/05/2021 at 08:30 AM in Spring Street Courthouse at Department 4

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73 More Docket Entries
  • 09/04/2018
  • DocketThe case is placed in special status of: Stay - Proceedings/Court of Equal Standing

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  • 07/23/2018
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

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  • 07/23/2018
  • DocketNon-Jury Trial scheduled for 01/17/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/23/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 07/23/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 07/20/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 07/20/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 07/20/2018
  • DocketCivil Case Cover Sheet; Filed by: Alejandro Diaz (Plaintiff)

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  • 07/20/2018
  • DocketOrder on Court Fee Waiver (Superior Court); Signed and Filed by: Clerk; As to: Alejandro Diaz (Plaintiff)

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  • 07/20/2018
  • DocketRequest to Waive Court Fees; Filed by: Alejandro Diaz (Plaintiff)

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  • 07/20/2018
  • DocketComplaint; Filed by: Alejandro Diaz (Plaintiff); As to: Ronald M. Ballesteros (Defendant)

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Tentative Rulings

Case Number: 18STLC09851    Hearing Date: July 16, 2020    Dept: 26

MOTION TO VACATE DEFAULT

(CCP § 473(b))

TENTATIVE RULING:

Defendant Ronald M. Ballesteros’ Motion to Vacate Entry of Default is DENIED.Order to Show Cause Re: Entry of Default Judgment/Dismissal is continued to March 22, 2021 at 09:30 a.m in Dept. 26 at Spring Street Courthouse.

ANALYSIS:

Plaintiff Alejandro Diaz (“Plaintiff”) filed the instant action for discrimination on the basis of disability against Defendant Ronald M. Ballesteros (“Defendant”) on July 20, 2018. Defendant filed an Application for Stay and Early Evaluation Conference and Notice of Stay of Proceedings and Early Evaluation on September 4, 2018. The Early Evaluation Conference was scheduled for October 18, 2018.

On September 12, 2018, Plaintiff filed a Proof of Personal Service of the Summons and Complaint. On October 3, 2018, Defendant filed an “Answer to Plaintiff Early Evaluation Conference Statement,” which appears to be a response to Plaintiff’s settlement offer. Following the Early Evaluation Conference, the parties did not reach a settlement and the stay was lifted on October 22, 2018. The trial date remained set for January 17, 2020.

On December 18, 2018, the Court rejected Plaintiff’s Request for Entry of Default against Defendant on the grounds that Defendant had filed the “Answer to Plaintiff Early Evaluation Conference Statement.” No other proceedings were held until the matter came for trial on January 17, 2020, at which time Defendant did not appear. (Minute Order, 1/17/20.) The trial was placed off calendar and Plaintiff stated he intended to pursue default and default judgment. (Ibid.)

On January 28, 2020, the Court entered default against Defendant. Defendant filed the instant Motion to Vacate Entry of Default on February 3, 2020.

The Motion initially came for hearing on March 9, 2020, at which time the Court’s tentative ruling was to grant the request for relief, but that Defendant needed to file a copy of his proposed Answer. The Court continued the hearing and ordered Defendant to file a supplemental declaration with a copy of his proposed Answer at least 16 court days prior to the new hearing date. (Minute Order, 3/9/20.) The Court warned Defendant that failure comply with its order might result in the Motion being placed off calendar or denied. (Ibid.)

To date, Defendant has not filed a supplemental declaration with a copy of his proposed Answer as ordered. Therefore, Defendant’s Motion to Vacate Entry of Default is DENIED.Order to Show Cause Re: Entry of Default Judgment/Dismissal is continued to March 22, 2021 at 09:30 a.m in Dept. 26 at Spring Street Courthouse.

Court clerk to give notice.

Case Number: 18STLC09851    Hearing Date: March 09, 2020    Dept: 26

Diaz v. Ballesteros, et al.

MOTION TO VACATE DEFAULT

(CCP § 473(b))

TENTATIVE RULING:

Defendant Ronald M. Ballesteros’ Motion to Vacate Entry of Default is CONTINUED TO MAY 11, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff Alejandro Diaz (“Plaintiff”) filed the instant action for discrimination on the basis of disability against Defendant Ronald M. Ballesteros (“Defendant”) on July 20, 2018. Defendant filed an Application for Stay and Early Evaluation Conference and Notice of Stay of Proceedings and Early Evaluation on September 4, 2018. The Early Evaluation Conference was scheduled for October 18, 2018.

On September 12, 2018, Plaintiff filed a Proof of Personal Service of the Summons and Complaint. On October 3, 2018, Defendant filed an “Answer to Plaintiff Early Evaluation Conference Statement,” which appears to be a response to Plaintiff’s settlement offer. Following the Early Evaluation Conference, the parties did not reach a settlement and the stay was lifted on October 22, 2018. The trial date remained set for January 17, 2020.

On December 18, 2018, the Court rejected Plaintiff’s Request for Entry of Default against Defendant on the grounds that Defendant had filed the “Answer to Plaintiff Early Evaluation Conference Statement.” When the matter came for trial on January 17, 2020, Defendant did not appear. (Minute Order, 1/17/20.) The trial was placed off calendar and Plaintiff stated he intended to pursue default and default judgment. (Ibid.)

On January 28, 2020, the Court entered default against Defendant. Defendant filed the instant Motion to Vacate Entry of Default on February 3, 2020. To date, no opposition has been filed.

Discussion

Defendant moves for relief from the entry of default pursuant to 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 brought pursuant to discretionary relief prong of section 473, subdivision (b) for Defendant’s own mistake, inadvertence, surprise or neglect.

Defendant timely filed the instant Motion less than a week after entry of default. The Motion is also supported by an affidavit of fault that explains Defendant attempted to appear at trial on January 17, 2020 but was unable to do so because of delays parking his vehicle and walking to the courthouse. Specifically, Defendant arrived at the parking lot in front of the courthouse at 8:00 am, but it was closed as full before he could park. (Motion, Ballasteros Decl., p. 3:7-9.) Defendant eventually found parking at the Cathedral lot at 8:45 am, but by the time he arrived at the Court, the matter had already been called for trial. (Id. at p. 3:9-13.)

The Court finds that Defendant has participated in this action, sought to defend it, and attempted to appear at trial. Defendant’s failure to appear at trial was inadvertent and had he appeared the Court likely would not have entered his default. Furthermore, Defendant filed an “Answer to Plaintiff Early Evaluation Conference Statement,” which the Court previously found was grounds to reject Plaintiff’s first request for entry of default. Accordingly, Defendant has demonstrated the default entered on January 28, 2020 was the result of his surprise, mistake, inadvertence or excusable neglect. However, the Motion is not accompanied by a copy of Defendant’s proposed Answer to the Complaint, as required by Code of Civil Procedure section 473, subdivision (b). The hearing on the Motion, therefore, is continued to allow for filing of a supplemental declaration with a copy of Defendant’s proposed Answer.

Conclusion

Defendant Ronald M. Ballesteros’ Motion to Vacate Entry of Default is CONTINUED TO MAY 11, 2020 AT 10:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, DEFENDANT IS TO FILE AND SERVE A SUPPLEMENTAL DECLARATION WITH A COPY OF HIS PROPOSED ANSWER. FAILURE TO DO SO MAY RESULT IN THE MOTION BEING PLACED OFF CALENDAR OR DENIED.

Court clerk to give notice.