This case was last updated from Los Angeles County Superior Courts on 08/16/2019 at 08:45:53 (UTC).

ALICE YICK VS MICKEY CALDWELL

Case Summary

On 01/04/2018 a Contract - Debt Collection case was filed by ALICE YICK against MICKEY CALDWELL in the jurisdiction of Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******0121

  • Filing Date:

    01/04/2018

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Debt Collection

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

GRACIELA FREIXES

 

Party Details

Plaintiff

YICK ALICE

Defendant

CALDWELL MICKEY

 

Court Documents

Proof of Personal Service - Proof of Personal Service

11/1/2018: Proof of Personal Service - Proof of Personal Service

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

11/1/2018: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Clerk's Application to Vacate and Order - Clerk's Application to Vacate and Order

12/13/2018: Clerk's Application to Vacate and Order - Clerk's Application to Vacate and Order

Proof of Personal Service - Proof of Personal Service

12/17/2018: Proof of Personal Service - Proof of Personal Service

Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

1/10/2019: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Minute Order - Minute Order (Order to Show Cause Re: Failure to File Proof of Service and ...)

1/10/2019: Minute Order - Minute Order (Order to Show Cause Re: Failure to File Proof of Service and ...)

Certificate of Mailing for - Certificate of Mailing for Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 06/27/2019

6/27/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 06/27/2019

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

6/27/2019: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

Notice of Case Reassignment/Vacate Hearings - Notice of Case Reassignment/Vacate Hearings

7/31/2019: Notice of Case Reassignment/Vacate Hearings - Notice of Case Reassignment/Vacate Hearings

Proof of Service by Mail

5/1/2018: Proof of Service by Mail

Proof of Service by Mail

4/9/2018: Proof of Service by Mail

Request for Entry of Default / Judgment

4/9/2018: Request for Entry of Default / Judgment

Summons - on Complaint

1/4/2018: Summons - on Complaint

Civil Case Cover Sheet

1/4/2018: Civil Case Cover Sheet

Order to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740)

1/4/2018: Order to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740)

Notice of Case Assignment - Limited Civil Case

1/4/2018: Notice of Case Assignment - Limited Civil Case

15 More Documents Available

 

Docket Entries

  • 07/31/2019
  • DocketNotice of Case Reassignment/Vacate Hearings; Filed by: Clerk

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  • 07/29/2019
  • DocketCase reassigned to Stanley Mosk Courthouse in Department 94 - Hon. Wendy Chang; Reason: Transfer for Reassignment

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  • 07/29/2019
  • DocketNotice of Limited Scope Representation; Filed by: As to: MICKEY CALDWELL (Defendant)

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  • 07/29/2019
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

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  • 07/29/2019
  • DocketCertificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 07/29/2019; Filed by: Clerk

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  • 07/29/2019
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 07/29/2019 at 08:30 AM in Chatsworth Courthouse at Department F43 updated: Result Date to 07/29/2019; Result Type to Held

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  • 07/29/2019
  • DocketOrder to Show Cause Re: Imposition of Sanctions and/or Dismissal for Failure to Obtain Entry of Default Judgment scheduled for 01/04/2021 at 08:30 AM in Chatsworth Courthouse at Department F43 Not Held - Vacated by Court on 07/29/2019

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  • 06/27/2019
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 07/29/2019 at 08:30 AM in Chatsworth Courthouse at Department F43

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  • 06/27/2019
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

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  • 06/27/2019
  • DocketCertificate of Mailing for Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 06/27/2019; Filed by: Clerk

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24 More Docket Entries
  • 04/09/2018
  • Docket; Default not entered as to MICKEY CALDWELL; On the Complaint filed by ALICE YICK on 01/04/2018

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  • 04/09/2018
  • DocketProof of Service by Mail; Filed by: ALICE YICK (Plaintiff); As to: MICKEY CALDWELL (Defendant); After Substituted Service of Summons & Complaint ?: No

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  • 01/04/2018
  • DocketComplaint; Filed by: ALICE YICK (Plaintiff); As to: MICKEY CALDWELL (Defendant)

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  • 01/04/2018
  • DocketCivil Case Cover Sheet; Filed by: ALICE YICK (Plaintiff)

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  • 01/04/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 01/04/2018
  • DocketOrder to Show Cause Hearing/Trial Date (Cal. Rules of Court, rule 3.740); Filed by: Clerk

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  • 01/04/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 01/04/2018
  • DocketCase assigned to Hon. Graciela Freixes in Department F43 Chatsworth Courthouse

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  • 01/04/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service and Failure to File Default Judgment Pursuant to CRC 3.740 scheduled for 01/10/2019 at 08:30 AM in Chatsworth Courthouse at Department F43

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  • 01/04/2018
  • DocketThe case is placed in special status of: Collections Case (CCP 3.740)

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Tentative Rulings

Case Number: 18CHLC00121    Hearing Date: December 16, 2019    Dept: 94

Yick v. Caldwell, et al.

MOTION TO VACATE DEFAULT AND/OR DEFAULT JUDGMENT

(CCP § 473(b))

TENTATIVE RULING:

Defendant Mickey Caldwell’s Motion to Vacate Default and/or Default Judgment is GRANTED.

ANALYSIS:

On January 4, 2018, Plaintiff Alice Yick (“Plaintiff”) filed the instant action for breach of lease agreement against Defendant Mickey Caldwell (“Defendant”). Following Defendant’s failure to file a responsive pleading, Plaintiff made multiple requests for entry of default. The requests were all rejected until the Court entered Defendant’s default on December 21, 2018. On April 8, 2019 Defendant filed the instant Motion to Vacate Entry of Default. Following transfer of this action from the Chatsworth Courthouse on July 29, 2019, the matter was set for hearing in this department. To date, no opposition has been filed.

Discussion

Defendant moves for relief from the default pursuant to Code of Civil Procedure, section 473, subdivision (b) on the grounds that he was mistaken about the need to respond to the action. Defendant submits an affidavit stating that he believed no response was necessary because the Summons and Complaint were not personally served on him. (Motion, Caldwell Decl., ¶2.) He further states that he was living with his mother and step-father at the service address, 8707 Dover Creek Street, North Charleston, South Carolina, when they informed him the papers had been left on the kitchen counter for him. (Ibid.)

Under this statute, an application for relief must be made within a reasonable time, 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 excusable 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.)

Although the Court is satisfied that Defendant has demonstrated his failure to respond to the Complaint was due to his surprise that the service was purportedly effective, Defendant had initially not demonstrated that Motion is timely under this statute. A motion under section 473, subdivision (b) for relief based on a party’s own mistake, inadvertence, surprise or excusable neglect must be brought within a reasonable time not to exceed six months. Here, Defendant was given written notice of the numerous requests for entry of default between April and December 2018 but did not file the instant motion until April 2019.

At the initial hearing on November 4, 2019, the Court requested supplemental briefing as to how the delay in bringing the instant motion was reasonable. On November 25, 2019, defense counsel filed a declaration stating that the delay in filing was due to his own excusable neglect. Defendant contacted defense counsel in January, 2019, promptly after the entry of default. (Motion, Supp. King Decl., ¶2.)   Defense counsel did not file the motion until April as he believed that so long as the motion was filed within six months of default it would be timely. (Id. ¶4.) In light of Defendant’s prompt action in contacting an attorney and defense counsel’s inadvertence in not filing the Motion until April, the Court finds the Motion to be timely. Defendant’s Motion to Vacate Default is GRANTED.

Court clerk to give notice.

Case Number: 18CHLC00121    Hearing Date: November 04, 2019    Dept: 94

Yick v. Caldwell, et al.

MOTION TO VACATE DEFAULT AND/OR DEFAULT JUDGMENT

(CCP § 473(b))

TENTATIVE RULING:

Defendant Mickey Caldwell’s Motion to Vacate Default and/or Default Judgment is CONTINUED TO DECEMBER 16, 2019 AT 10:30 AM IN DEPARTMENT 94.

ANALYSIS:

On January 4, 2018, Plaintiff Alice Yick (“Plaintiff”) filed the instant action for breach of lease agreement against Defendant Mickey Caldwell (“Defendant”). Following Defendant’s failure to file a responsive pleading, Plaintiff made multiple requests for entry of default. The requests were all rejected until the Court entered his default on December 21, 2018. On April 8, 2019 Defendant filed the instant Motion to Vacate Entry of Default. Following transfer of this action from the Chatsworth Courthouse on July 29, 2019, the matter was set for hearing in this department. To date, no opposition has been filed.

I.  Discussion

Defendant moves for relief from the default pursuant to Code of Civil Procedure, section 473, subdivision (b) on the grounds that he was mistaken about the need to respond to the action. Defendant submits an affidavit stating that he believed no response was necessary because the Summons and Complaint were not personally served on him. (Motion, Caldwell Decl., ¶2.) He further states that he was living with his mother and step-father at the service address, 8707 Dover Creek Street, North Charleston, South Carolina, when they informed him the papers had been left on the kitchen counter for him. (Ibid.)

Under this statute, an application for relief must be made within a reasonable time, 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 excusable 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.)

Although the Court is satisfied that Defendant has demonstrated his failure to respond to the Complaint was due to his surprise that the service was purportedly effective, Defendant has not demonstrated that Motion is timely under this statute. A motion under section 473, subdivision (b) for relief based on a party’s own mistake, inadvertence, surprise or excusable neglect must be brought within a reasonable time not to exceed six months. Here, Defendant was given written notice of the numerous requests for entry of default between April and December 2018. Yet Defendant did not file the instant motion until April 2019. Defendant must explain how the delay in bringing the instant motion was reasonable.

The hearing on Defendant’s Motion to Vacate Default, therefore, is CONTINUED TO DECEMBER 16, 2019 AT 10:30 AM IN DEPARTMENT 94. AT LEAST 16 COURT DAYS PRIOR TO THE NEW HEARING DATE, DEFENDANT IS TO FILE AND SERVE SUPPLEMENTAL PAPERS ADDRESSING WHY IT WAS REASONABLE TO WAIT FOUR MONTHS AFTER ENTRY OF DEFAULT TO BRING THE INSTANT MOTION. FAIULRE TO COMPLY WITH THE COURT’S ORDER MAY RESULT IN THE MOTION BEING PLACED OFF CALENDAR OR DENIED. OPPOSITION OR REPLY PAPERS MAY BE FILED AND SERVED PER THE CODE OF CIVIL PROCEDURE.

Court clerk to give notice.