This case was last updated from Los Angeles County Superior Courts on 09/18/2020 at 08:19:25 (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 Judge overseeing this case is WENDY CHANG. 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

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

WENDY CHANG

 

Party Details

Plaintiff

DIAZ ALEJANDRO

Defendant

BALLESTEROS RONALD M.

Attorney/Law Firm Details

Plaintiff Attorney

MEHRBAN MORSE

 

Court Documents

Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473); Ord...)

7/16/2020: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473); Ord...)

Proof of Service by Mail - Proof of Service by Mail by overnight delivery

6/30/2020: Proof of Service by Mail - Proof of Service by Mail by overnight delivery

Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

4/16/2020: Notice Re: Continuance of Hearing and Order - Notice Re: Continuance of Hearing and Order

Proof of Service by Mail - Proof of Service by Mail

2/11/2020: Proof of Service by Mail - Proof of Service by Mail

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

1/23/2020: Notice (name extension) - Notice of Entry of Judgment or Order

Minute Order - Minute Order (Non-Jury Trial)

1/17/2020: Minute Order - Minute Order (Non-Jury Trial)

Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

12/18/2018: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Notice (name extension) - Notice of Lifting of Stay

10/22/2018: Notice (name extension) - Notice of Lifting of Stay

Answer - to Plaintiff Early Evaluation Conference Statement

10/3/2018: Answer - to Plaintiff Early Evaluation Conference Statement

Defendant's Application for Stay and Early Evaluation Conference Pursuant to Civil Code Section 55

9/4/2018: Defendant's Application for Stay and Early Evaluation Conference Pursuant to Civil Code Section 55

Summons - on Complaint

7/20/2018: Summons - on Complaint

Civil Case Cover Sheet

7/20/2018: Civil Case Cover Sheet

Order on Court Fee Waiver (Superior Court)

7/20/2018: Order on Court Fee Waiver (Superior Court)

Notice of Case Assignment - Limited Civil Case

7/20/2018: Notice of Case Assignment - Limited Civil Case

22 More Documents Available

 

Docket Entries

  • 02/18/2021
  • Hearing02/18/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 07/16/2020
  • DocketUpdated -- Proof of Service by Mail and ANSWER (deemed filed 7/16/20): Name Extension changed from by overnight delivery to and ANSWER (deemed filed 7/16/20); As To Parties changed from Alejandro Diaz (Plaintiff) to Alejandro Diaz (Plaintiff)

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  • 07/16/2020
  • DocketOn the Complaint filed by Alejandro Diaz on 07/20/2018, Default entered on 01/28/2020, Vacated - .

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  • 07/16/2020
  • DocketNon-Jury Trial scheduled for 02/18/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 07/16/2020
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473); Ord...)

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  • 07/16/2020
  • DocketCertificate of Mailing for (Hearing on Motion to Set Aside/Vacate Judgment (CCP 473); Ord...) of 07/16/2020; Filed by: Clerk

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  • 07/16/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 07/23/2021 at 10:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 07/16/2020

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  • 07/16/2020
  • DocketHearing on Motion to Set Aside/Vacate Judgment (CCP 473) scheduled for 07/16/2020 at 09:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 07/16/2020; Result Type to Held

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  • 07/16/2020
  • DocketOrder to Show Cause Re: Entry of Default and Default Judgment/Dismissal scheduled for 07/16/2020 at 09:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 07/16/2020; Result Type to Held

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  • 06/30/2020
  • DocketProof of Service by Mail by overnight delivery; Filed by: Ronald M. Ballesteros (Defendant); As to: Alejandro Diaz (Plaintiff); After Substituted Service of Summons & Complaint ?: No

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37 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
  • DocketComplaint; Filed by: Alejandro Diaz (Plaintiff); As to: Ronald M. Ballesteros (Defendant)

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

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

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

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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.