This case was last updated from Los Angeles County Superior Courts on 09/18/2021 at 00:31:29 (UTC).

ALLY BANK, A CORPORATION VS SAUL JIMENEZ, AN INDIVIDUAL

Case Summary

On 06/22/2020 ALLY BANK, A CORPORATION filed a Contract - Debt Collection lawsuit against SAUL JIMENEZ, AN INDIVIDUAL. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is SERENA R. MURILLO. The case status is Other.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******5190

  • Filing Date:

    06/22/2020

  • Case Status:

    Other

  • Case Type:

    Contract - Debt Collection

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

ALLY BANK A CORPORATION

Defendant

JIMENEZ AN INDIVIDUAL SAUL

Attorney/Law Firm Details

Plaintiff Attorney

BURSTEIN ARDEN D.

 

Court Documents

Request for Dismissal - Request for Dismissal

3/24/2021: Request for Dismissal - Request for Dismissal

Proof of Personal Service - Proof of Personal Service

11/3/2020: Proof of Personal Service - Proof of Personal Service

Request for Dismissal - Request for Dismissal

1/8/2021: Request for Dismissal - Request for Dismissal

Memorandum (name extension) - Memorandum DIFICIENCY MEMO

1/8/2021: Memorandum (name extension) - Memorandum DIFICIENCY MEMO

Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

1/8/2021: Declaration Pursuant to 585 CCP in Support of Default Judgment - Declaration Pursuant to 585 CCP in Support of Default Judgment

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

1/8/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

1/8/2021: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Judgment - Judgment JUDGMENT

1/28/2021: Judgment - Judgment JUDGMENT

Notice of Stay of Proceedings (Bankruptcy) - Notice of Stay of Proceedings (Bankruptcy)

2/5/2021: Notice of Stay of Proceedings (Bankruptcy) - Notice of Stay of Proceedings (Bankruptcy)

Declaration (name extension) - Declaration OF ARDEN D. BURSTEIN TO SET ASIDE THE COURT JUDGMENT ENTERED ON JANUARY 28, 2021

2/10/2021: Declaration (name extension) - Declaration OF ARDEN D. BURSTEIN TO SET ASIDE THE COURT JUDGMENT ENTERED ON JANUARY 28, 2021

Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

2/10/2021: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

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

3/18/2021: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

Minute Order - Minute Order (NON-APPEARANCE CASE REVIEW)

3/19/2021: Minute Order - Minute Order (NON-APPEARANCE CASE REVIEW)

Application for Writ of Possession (Claim and Delivery) - Application for Writ of Possession (Claim and Delivery)

10/1/2020: Application for Writ of Possession (Claim and Delivery) - Application for Writ of Possession (Claim and Delivery)

Memorandum of Points & Authorities - Memorandum of Points & Authorities

10/1/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Notice of Application and Hearing for Claim and Delivery (CCP 512.030) - Notice of Application and Hearing for Claim and Delivery (CCP 512.030)

10/1/2020: Notice of Application and Hearing for Claim and Delivery (CCP 512.030) - Notice of Application and Hearing for Claim and Delivery (CCP 512.030)

Complaint - Complaint

6/22/2020: Complaint - Complaint

Summons - Summons on Complaint

6/22/2020: Summons - Summons on Complaint

9 More Documents Available

 

Docket Entries

  • 04/06/2021
  • DocketOrder to Show Cause Re: Status of Bankruptcy Proceedings scheduled for 09/16/2021 at 09:30 AM in Spring Street Courthouse at Department 26 Not Held - Vacated by Court on 04/06/2021

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  • 03/26/2021
  • DocketNotice of Ruling; Filed by: Ally Bank, a corporation (Plaintiff)

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  • 03/24/2021
  • DocketOn the Complaint filed by Ally Bank, a corporation on 06/22/2020, entered Request for Dismissal with prejudice filed by Ally Bank, a corporation as to the entire action

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  • 03/24/2021
  • DocketUpdated -- Arden D. Burstein (Attorney): Organization Name: Vanlochem & Associates, LLP

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  • 03/24/2021
  • DocketAddress for Arden D. Burstein (Attorney) null

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  • 03/19/2021
  • DocketHearing on Application for Writ of Possession (CCP 512.010) scheduled for 03/25/2021 at 01:30 PM in Stanley Mosk Courthouse at Department 82 Not Held - Vacated by Court on 03/19/2021

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  • 03/19/2021
  • DocketMinute Order (NON-APPEARANCE CASE REVIEW)

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  • 03/18/2021
  • DocketUpdated -- Motion to Set Aside/Vacate Default and / or Default Judgment: Filed By: Ally Bank, a corporation (Plaintiff); Result: Granted; Result Date: 03/18/2021

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  • 03/18/2021
  • DocketOn the Complaint filed by Ally Bank, a corporation on 06/22/2020, Default entered on 01/08/2021, Vacated - .

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  • 03/18/2021
  • DocketOn the Complaint filed by Ally Bank, a corporation on 06/22/2020, Default entered on 01/08/2021, Vacated - granted.

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26 More Docket Entries
  • 10/01/2020
  • DocketApplication for Writ of Possession (Claim and Delivery); Filed by: Ally Bank, a corporation (Plaintiff)

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  • 10/01/2020
  • DocketNotice of Application and Hearing for Claim and Delivery (CCP 512.030); Filed by: Ally Bank, a corporation (Plaintiff)

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  • 10/01/2020
  • DocketMemorandum of Points & Authorities; Filed by: Ally Bank, a corporation (Plaintiff)

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  • 06/22/2020
  • DocketNon-Jury Trial scheduled for 12/20/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 06/22/2020
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 06/26/2023 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 06/22/2020
  • DocketComplaint; Filed by: Ally Bank, a corporation (Plaintiff); As to: Saul Jimenez, an individual (Defendant)

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  • 06/22/2020
  • DocketSummons on Complaint; Issued and Filed by: Ally Bank, a corporation (Plaintiff); As to: Saul Jimenez, an individual (Defendant)

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  • 06/22/2020
  • DocketCivil Case Cover Sheet; Filed by: Ally Bank, a corporation (Plaintiff); As to: Saul Jimenez, an individual (Defendant)

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  • 06/22/2020
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 06/22/2020
  • DocketCase assigned to Hon. Serena R. Murillo in Department 26 Spring Street Courthouse

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Tentative Rulings

Case Number: 20STLC05190    Hearing Date: March 18, 2021    Dept: 26

Ally Bank v. Jimenez, et al

MOTION TO VACATE DEFAULT JUDGMENT

(CCP § 473(d))

TENTATIVE RULING:

Plaintiff Ally Bank’s Motion to Vacate Default Judgment is GRANTED. THE DEFAULT JUDGMENT ENTERED ON JANUARY 28, 2021 IS HEREBY VACATED.

ORDER TO SHOW CAUSE REGARDING STATUS OF BANKRUPTCY PROCEEDING IS SET FOR SEPTEMBER 16, 2021 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

ANALYSIS:

Plaintiff Ally Bank (“Plaintiff”) filed the instant action for claim and delivery of motor vehicle and breach of contract against Defendant Saul Jimenez (“Defendant”) on June 22, 2020. Following Defendant’s failure to file a responsive pleading, the Court entered his default on January 8, 2021 and default judgment on January 28, 2021. On February 5, 2021, Plaintiff filed a Notice of Stay of Proceedings (Bankruptcy). The instant Motion to Vacate Default Judgment was filed on February 10, 2021. To date, no opposition has been filed.

Discussion

Plaintiff moves for relief from the default judgment pursuant to Code of Civil Procedure, section 473, subdivision (b). For reasons explained below, relief is not available under subdivision (b), but the Court vacates the default judgment under subdivision (d).

Under the plain language of Code of Civil Procedure, section 473, subdivision (b), relief may only be had from an order taken against a party or his or her legal representative based on the mistake, inadvertence, surprise, or excusable neglect of the party or legal representative. (Code Civ. Proc., § 473, subd. (b). Here, however, the Motion seeks to relieve Defendant from Plaintiff’s counsel’s mistake in requesting default judgment after Defendant filed for bankruptcy. (Motion, Burstein Decl., ¶¶3-4.)

The Court finds relief is appropriate under Code of Civil Procedure, section 473, subdivision (d), under which “[t]he court may . . . set aside any void judgment or order.” (Code Civ. Proc., § 473, subd. (d).) On February 5, 2021, Plaintiff filed a Notice of Stay of Proceedings (Bankruptcy). A Notice of Bankruptcy Case filing is attached to the Notice of Stay, demonstrating that on January 22, 2021, Defendant filed a bankruptcy case under Chapter 7 of the United States Bankruptcy Code. (Notice of Stay, filed 2/5/21.) An “automatic stay” arises when a petition is filed under any chapter of the Bankruptcy Code. (11 U.S.C. § 362.) Accordingly, the instant action was stayed effective January 22, 2021 and the entry of default judgment on January 28, 2021 was void.

Conclusion

Plaintiff Ally Bank’s Motion to Vacate Default Judgment is GRANTED. THE DEFAULT JUDGMENT ENTERED ON JANUARY 28, 2021 IS HEREBY VACATED. 

ORDER TO SHOW CAUSE REGARDING STATUS OF BANKRUPTCY PROCEEDING IS SET FOR SEPTEMBER 16, 2021 AT 9:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE.

Plaintiff to give notice. 

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