Search

Attributes

This case was last updated from Los Angeles County Superior Courts on 06/13/2021 at 06:04:19 (UTC).

AMERICAN CONTRACTORS INDEMNITY COMPANY, VS JORES BAGHOOMIAN

Case Summary

On 05/03/2018 AMERICAN CONTRACTORS INDEMNITY COMPANY filed a Contract - Other Contract lawsuit against JORES BAGHOOMIAN. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******6831

  • Filing Date:

    05/03/2018

  • Case Status:

    Disposed - Judgment Entered

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiff

AMERICAN CONTRACTORS INDEMNITY COMPANY

Defendant

BAGHOOMIAN JORES

Attorney/Law Firm Details

Plaintiff Attorney

STEVENSON TRACY ANN

 

Court Documents

Notice of Motion - Notice of Motion

5/21/2020: Notice of Motion - Notice of Motion

Memorandum of Points & Authorities - Memorandum of Points & Authorities

5/21/2020: Memorandum of Points & Authorities - Memorandum of Points & Authorities

Declaration (name extension) - Declaration Backus & Exhibit in support of motion

5/21/2020: Declaration (name extension) - Declaration Backus & Exhibit in support of motion

Request for Judicial Notice - Request for Judicial Notice

5/21/2020: Request for Judicial Notice - Request for Judicial Notice

Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/03/2020

6/3/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order) of 06/03/2020

Minute Order - Minute Order (Non-Appearance Case Review re payment of Motion to Vacate Def...)

7/10/2020: Minute Order - Minute Order (Non-Appearance Case Review re payment of Motion to Vacate Def...)

Certificate of Mailing for - Certificate of Mailing for (Non-Appearance Case Review re payment of Motion to Vacate Def...) of 07/10/2020

7/10/2020: Certificate of Mailing for - Certificate of Mailing for (Non-Appearance Case Review re payment of Motion to Vacate Def...) of 07/10/2020

Opposition (name extension) - Opposition to Motion to Vacate Default Judgment

9/8/2020: Opposition (name extension) - Opposition to Motion to Vacate Default Judgment

Declaration (name extension) - Declaration of Suzanne Baciocco in Opposition to Motion to Vacate Default Judgment

9/8/2020: Declaration (name extension) - Declaration of Suzanne Baciocco in Opposition to Motion to Vacate Default Judgment

Acknowledgment of Satisfaction of Judgment - Acknowledgment of Satisfaction of Judgment

4/23/2021: Acknowledgment of Satisfaction of Judgment - Acknowledgment of Satisfaction of Judgment

Declaration (name extension) - 585

9/20/2018: Declaration (name extension) - 585

Other - (name extension) - brief summary of case

9/20/2018: Other - (name extension) - brief summary of case

Judgment

9/20/2018: Judgment

Notice of Entry of Judgment

10/4/2018: Notice of Entry of Judgment

Proof of Personal Service

7/16/2018: Proof of Personal Service

Civil Case Cover Sheet

5/3/2018: Civil Case Cover Sheet

Notice of Case Assignment - Limited Civil Case

5/3/2018: Notice of Case Assignment - Limited Civil Case

22 More Documents Available

 

Docket Entries

  • 04/23/2021
  • DocketAcknowledgment of Satisfaction of Judgment; Filed by: American Contractors Indemnity Company, (Plaintiff); As to: Jores Baghoomian (Defendant)

    Read MoreRead Less
  • 10/19/2020
  • DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by: American Contractors Indemnity Company, (Plaintiff); Costs: 2640.50; Interest: 2460.69; Credits: 0.00; Service Date: 10/19/2020

    Read MoreRead Less
  • 09/21/2020
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

    Read MoreRead Less
  • 09/21/2020
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 09/21/2020 at 09:30 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/21/2020; Result Type to Held - Motion Denied

    Read MoreRead Less
  • 09/14/2020
  • DocketReply to ACIC's Opp to Demurrer; Filed by: Jores Baghoomian (Defendant)

    Read MoreRead Less
  • 09/14/2020
  • DocketNotice of Errata in Caption of Reply; Filed by: Jores Baghoomian (Defendant); As to: American Contractors Indemnity Company, (Plaintiff); Jores Baghoomian (Defendant)

    Read MoreRead Less
  • 09/14/2020
  • DocketReply to ACIC's Opp to Demurrer; Filed by: Jores Baghoomian (Defendant)

    Read MoreRead Less
  • 09/08/2020
  • DocketOpposition to Motion to Vacate Default Judgment; Filed by: American Contractors Indemnity Company, (Plaintiff)

    Read MoreRead Less
  • 09/08/2020
  • DocketDeclaration of Suzanne Baciocco in Opposition to Motion to Vacate Default Judgment; Filed by: American Contractors Indemnity Company, (Plaintiff)

    Read MoreRead Less
  • 09/08/2020
  • DocketDeclaration of Tracy A. Stevenson in Opposition to Motion to Vacate Default Judgment; Filed by: American Contractors Indemnity Company, (Plaintiff)

    Read MoreRead Less
29 More Docket Entries
  • 08/14/2018
  • DocketDefault entered as to Jores Baghoomian; On the Complaint filed by American Contractors Indemnity Company, on 05/03/2018

    Read MoreRead Less
  • 08/14/2018
  • DocketRequest for Entry of Default / Judgment; Filed by: American Contractors Indemnity Company, (Plaintiff); As to: Jores Baghoomian (Defendant)

    Read MoreRead Less
  • 07/16/2018
  • DocketProof of Personal Service; Filed by: American Contractors Indemnity Company, (Plaintiff); As to: Jores Baghoomian (Defendant); Service Date: 07/10/18; Service Cost: 40.00; Service Cost Waived: No

    Read MoreRead Less
  • 05/03/2018
  • DocketComplaint; Filed by: American Contractors Indemnity Company, (Plaintiff); As to: Jores Baghoomian (Defendant)

    Read MoreRead Less
  • 05/03/2018
  • DocketCivil Case Cover Sheet; Filed by: American Contractors Indemnity Company, (Plaintiff)

    Read MoreRead Less
  • 05/03/2018
  • DocketSummons on Complaint; Issued and Filed by: Clerk

    Read MoreRead Less
  • 05/03/2018
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 05/03/2018
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 05/03/2018
  • DocketNon-Jury Trial scheduled for 10/31/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 05/03/2018
  • DocketOrder to Show Cause - Failure to File Proof of Service scheduled for 05/06/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less

Tentative Rulings

Case Number: 18STLC06831    Hearing Date: September 21, 2020    Dept: 26

ACIC v. Baghoomian, et al.

MOTION TO VACATE DEFAULT AND DEFAULT JUDGMENT

(CCP § 86(b)(3))

TENTATIVE RULING:

ANALYSIS:

On May 3, 2018, Plaintiff American Contractors Indemnity Company (“Plaintiff”) brought this action for breach of indemnity agreement against Defendant Jores Baghoomian (“Defendant”). The Complaint alleges that Defendant agreed to indemnify Plaintiff for losses incurred with respect to Contractors License Bond, No. 100204974, issued on behalf of Empire Heating & Air Conditioning. (Compl., ¶5.) Plaintiff allegedly incurred damages of $8,261.28 over the prior four years paying off claims made on the Bond and brought this action to recover those damages from Defendant. (Id. at ¶6.) When Defendant failed to respond to the Complaint, Plaintiff obtained entry of default and default judgment on August 14, 2018 and September 20, 2018, respectively.

On May 21, 2020, Defendant filed the instant Motion to Vacate Default Judgment. Plaintiff filed an opposition on September 8, 2020 and Defendant replied on September 14, 2020.

Discussion

Defendant moves to vacate the default judgment on equitable grounds under Code of Civil Procedure section 86, subdivision (b)(3), which allows such a judgment to be set aside if “obtained in a limited civil case through extrinsic fraud, mistake, inadvertence, or excusable neglect.” (Code Civ. Proc., § 86, subd. (b)(3).) Defendant does not contend the default judgment here was obtained through extrinisic fraud or mistake. Extrinsic fraud or mistake typically means the defendant has been kept in ignorance of the action or denied the opportunity to present his or her case in court. (In re Marriage of Stevenot (1984) 154 Cal.App.3d 1051, 1068-1069.) Rather, the Motion is based on Defendant’s excusable neglect in failing to defend this action at the time it was filed. When a motion for relief under Code of Civil Procedure section 86, subdivision (b)(3) is brought based on excusable neglect, it is subject to the same six-month deadline provided for in Code of Civil Procedure section 473, subdivsion (b). (Marianos v. Tutunjian (1977) 70 Cal.App.3d 61, 65 [“applications for relief based upon excusable neglect [under Code of Civil Procedure section 86, subdivision (b)(3)] must be brought within the six-month period specified in section 473.”].) Defendant cites no authority to the contrary.

Default judgment in this action was entered on September 20, 2018 but this action was not filed until almost two years later. Defendant was in intermittent contact with Plaintiff’s counsel starting in September 2018 until February 2020 in an attempt to reach a settlement. (Opp., Stevenson Decl., ¶¶3-5.) Defendant, therefore, has been aware of the default judgment since it was entered. The Motion is not timely under Code of Civil Procedure section 86, subdivision (b)(3).

Regarding Defendant’s evidence of his own excusable neglect, the Motion relies solely on his declaration. Defendant states that Plaintiff is seeking to recover attorney fees it incurred in a construction contract action brought by a homeowner against Plaintiff, Defendant and other contractors (“the Homeowner action”). (Motion, Baghoomian Decl., ¶¶1-4.) Defendant states he paid the judgment against him in the Homeowner action without assistance from Plaintiff. (Id. at ¶4.) When this action was filed in 2018, Defendant declares both his parents were ill and he was their sole caretaker. (Id. at ¶5.) That the time, Defendant’s mother and father were 85 and 90 years old, respectively, and his father suffered numerous serious health setbacks in 2018. (Id. at ¶¶5-9.) Defendant was absorbed with his parents’ care and working as a contractor was not aware that Plaintiff obtained default judgment against him in this action in 2019. (Id. at ¶¶4-9.) However, the declaration does not provide specific information about the timing of Defendant’s commitments. (Ibid.) Defendant generally refers to 2018 and only mentions his father’s serious health setbacks in November and December 2019, which occurred after entry of default judgment. In fact, Defendant does not disavow receipt of the filings in this action, including requests for entry of default and default judgment mailed on August 14, 2018 and September 11, 2018. The Court cannot determine from this limited declaration the extent to which Defendant’s failure to respond to the Complaint in May 2018 was excusable.

Finally, the Court does not reach his contention that the default judgment should be vacated because the damages claimed by Plaintiff are exagerated. There is no authority that a default judgment can be vacated simply because the defendant has a meritorious defense if the other grounds for statutory or equitable relief are not met.

Conclusion

Defendant Jores Baghoomian’s Motion to Vacate Default Judgment is DENIED.

Plaintiff to give notice.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where American Contractors Indemnity Company is a litigant

Latest cases represented by Lawyer STEVENSON TRACY A.