This case was last updated from Los Angeles County Superior Courts on 09/15/2021 at 01:28:51 (UTC).

AMERICAN TIRE DISTRIBUTORS, INC. VS 1ST AMERICAN FINANCIAL INC, ET AL.

Case Summary

On 12/23/2019 AMERICAN TIRE DISTRIBUTORS, INC filed a Contract - Other Contract lawsuit against 1ST AMERICAN FINANCIAL INC. 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 Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1718

  • Filing Date:

    12/23/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • County, State:

    Los Angeles, California

Judge Details

Judge

SERENA R. MURILLO

 

Party Details

Plaintiff

AMERICAN TIRE DISTRIBUTORS INC.

Defendants

1ST AMERICAN FINANCIAL INC DBA DISCOUNT TIRE AND SERVICE CENTERS

DAGHLIAN SHAKE SHARON

Attorney/Law Firm Details

Plaintiff Attorney

BEMIS GARY A.

Defendant Attorney

FORBERG TONY

 

Court Documents

Notice (name extension) - Notice of Hearing

9/3/2021: Notice (name extension) - Notice of Hearing

Declaration (name extension) - Declaration in Support of Motion to Deem Admitted

1/19/2021: Declaration (name extension) - Declaration in Support of Motion to Deem Admitted

Minute Order - Minute Order (Hearing on Motion to Compel An Order Establishing Truth of Al...)

4/8/2021: Minute Order - Minute Order (Hearing on Motion to Compel An Order Establishing Truth of Al...)

Declaration (name extension) - Declaration in Support of Request to Correct Order of the Court on April 8, 2021

7/6/2021: Declaration (name extension) - Declaration in Support of Request to Correct Order of the Court on April 8, 2021

Trial Brief - Trial Brief

7/19/2021: Trial Brief - Trial Brief

Certificate of Mailing for - Certificate of Mailing for (Nunc Pro Tunc Order) of 07/27/2021

7/27/2021: Certificate of Mailing for - Certificate of Mailing for (Nunc Pro Tunc Order) of 07/27/2021

Proof of Service by Mail - Proof of Service by Mail

7/30/2021: Proof of Service by Mail - Proof of Service by Mail

Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 09/02/2020

9/2/2020: Certificate of Mailing for - Certificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 09/02/2020

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

9/2/2020: Minute Order - Minute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

Answer - Answer

9/2/2020: Answer - Answer

Clerk's Notice of Voiding of Filing - Clerk's Notice of Voiding of Filing

6/23/2020: Clerk's Notice of Voiding of Filing - Clerk's Notice of Voiding of Filing

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

7/1/2020: Motion to Set Aside/Vacate Default and / or Default Judgment - Motion to Set Aside/Vacate Default and / or Default Judgment

Minute Order - Minute Order (Court Order re: Motion to Set Aside and Vacate the Courts Jud...)

7/9/2020: Minute Order - Minute Order (Court Order re: Motion to Set Aside and Vacate the Courts Jud...)

Certificate of Mailing for - Certificate of Mailing for (Court Order re: Motion to Set Aside and Vacate the Courts Jud...) of 07/09/2020

7/9/2020: Certificate of Mailing for - Certificate of Mailing for (Court Order re: Motion to Set Aside and Vacate the Courts Jud...) of 07/09/2020

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

4/8/2020: Order on Court Fee Waiver (Superior Court) - Order on Court Fee Waiver (Superior Court)

Complaint - Complaint

12/23/2019: Complaint - Complaint

Summons - Summons on Complaint

12/23/2019: Summons - Summons on Complaint

Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

12/23/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

29 More Documents Available

 

Docket Entries

  • 10/05/2021
  • Hearing10/05/2021 at 09:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Order to Show Cause Re: (name extension)

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  • 09/03/2021
  • DocketOpposition to Order to Show Cause Hearing; Filed by: AMERICAN TIRE DISTRIBUTORS, INC. (Plaintiff)

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  • 09/03/2021
  • DocketNotice of Hearing; Filed by: AMERICAN TIRE DISTRIBUTORS, INC. (Plaintiff)

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  • 08/02/2021
  • DocketOrder to Show Cause Re: Status of Settlement and Dismissal scheduled for 10/05/2021 at 09:30 AM in Spring Street Courthouse at Department 26

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  • 08/02/2021
  • DocketMinute Order (Non-Jury Trial;)

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  • 08/02/2021
  • DocketCertificate of Mailing for (Non-Jury Trial;) of 08/02/2021; Filed by: Clerk

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  • 08/02/2021
  • DocketNon-Jury Trial scheduled for 08/02/2021 at 08:30 AM in Spring Street Courthouse at Department 26 Not Held - Taken Off Calendar by Court on 08/02/2021

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  • 07/30/2021
  • DocketProof of Service by Mail; Filed by: AMERICAN TIRE DISTRIBUTORS, INC. (Plaintiff); As to: SHAKE SHARON DAGHLIAN (Defendant)

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  • 07/27/2021
  • DocketUpdated -- Order on Request to Correct minute Order Nunc Pro Tunc: Filed By: AMERICAN TIRE DISTRIBUTORS, INC. (Plaintiff); Result: Granted; Result Date: 07/27/2021

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  • 07/27/2021
  • DocketMinute Order (Nunc Pro Tunc Order)

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51 More Docket Entries
  • 03/30/2020
  • DocketProof of Personal Service; Filed by: AMERICAN TIRE DISTRIBUTORS, INC. (Plaintiff); As to: 1ST AMERICAN FINANCIAL INC (Defendant); Service Date: 03/12/2020; Service Cost: 81.75; Service Cost Waived: No

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  • 03/30/2020
  • DocketProof of Personal Service; Filed by: AMERICAN TIRE DISTRIBUTORS, INC. (Plaintiff); As to: SHAKE SHARON DAGHLIAN (Defendant); Service Date: 03/11/2020; Service Cost: 40.50; Service Cost Waived: No

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  • 12/30/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 12/27/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/30/2019
  • DocketNon-Jury Trial scheduled for 06/21/2021 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 12/30/2019
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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  • 12/23/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

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  • 12/23/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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  • 12/23/2019
  • DocketCivil Case Cover Sheet; Filed by: AMERICAN TIRE DISTRIBUTORS, INC. (Plaintiff); As to: 1ST AMERICAN FINANCIAL INC (Defendant); SHAKE SHARON DAGHLIAN (Defendant)

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  • 12/23/2019
  • DocketSummons on Complaint; Issued and Filed by: AMERICAN TIRE DISTRIBUTORS, INC. (Plaintiff); As to: 1ST AMERICAN FINANCIAL INC (Defendant); SHAKE SHARON DAGHLIAN (Defendant)

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  • 12/23/2019
  • DocketComplaint; Filed by: AMERICAN TIRE DISTRIBUTORS, INC. (Plaintiff); As to: 1ST AMERICAN FINANCIAL INC (Defendant); SHAKE SHARON DAGHLIAN (Defendant)

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Tentative Rulings

Case Number: 19STLC11718    Hearing Date: April 8, 2021    Dept: 26

American Tire Distributors, Inc. v. 1st American Financial, Inc., et al.

MOTION TO DEEM REQUESTS FOR ADMISSION ADMITTED

(CCP § 2033.280)

TENTATIVE RULING:

Plaintiff American Tire Distributors, Inc.’s Motion to Deem Requests for Admission Admitted Against Defendant 1st American Financial, Inc. is GRANTED. DEFENDANT IS ORDERED TO PAY SANCTIONS OF $225.50 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiff American Tire Distributors, Inc. (“Plaintiff”) filed the instant action for breach of contract, common counts and breach of guaranty against Defendant 1st American Financial, Inc. (“Defendant”) on December 23, 2019. On September 20, 2020, Plaintiff served Requests for Admissions on Defendant. (Motion, Carter Decl., Exh. 1.) To date, Plaintiff has not received any verified responses to the discovery requests from Defendant. (Id. at ¶7.) Plaintiff filed the instant Motion to Deem Requests for Admission Admitted and Request for Sanctions on January 19, 2021. To date, no opposition has been filed.

Defendant has not served verified responses to the discovery propounded on September 20, 2020 as of the filing of the Motion. There is no requirement for a prior meet and confer effort before a motion to deem requests for admission can be filed. (Code Civ. Proc., § 2033.280.) Further, the motion can be brought any time after the responding party fails to provide the responses. (Code Civ. Proc., § 2033.280.) Therefore, Plaintiff is entitled to an order deeming the Requests for Admission admitted. (Code Civ. Proc., § 2033.280.) Sanctions are required under Code of Civil Procedure sections 2023.010, 2023.030 and 2033.280, and have been properly noticed. However, the amount sought is excessive under a lodestar calculation. Sanctions are granted against Defendant in the amount of $225.50, based on half-an-hour of attorney time billed at $350.00 per hour, plus the $60.00 filing fee. (Motion, Carter Decl., ¶12.)

Based on the foregoing, Plaintiff American Tire Distributors, Inc.’s Motion to Deem Requests for Admission Admitted Against Defendant 1st American Financial, Inc. is GRANTED. DEFENDANT IS ORDERED TO PAY SANCTIONS OF $225.50 TO PLAINTIFF’S COUNSEL WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Moving party to give notice.

Case Number: 19STLC11718    Hearing Date: September 02, 2020    Dept: 26

MOTION TO VACATE DEFAULT JUDGMENT

(CCP § 473(b))

TENTATIVE RULING:

Defendant Shake Sharon Daghlian’s Motion to Vacate Default Judgment is GRANTED. DEFENDANT SHAKE SHARON DAGHLIAN IS TO FILE AND SERVE RESPONSIVE PLEADING WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

ANALYSIS:

Plaintiff American Tires Distributors, Inc. (“Plaintiff”) filed the instant action for breach of contract against Defendants 1st American Financial, Inc. dba Discount Tire and Service Centers (“Defendant 1st American Financial”) and Shake Sharon Daghlian (“Defendant Daghlian”) on December 23, 2019.

On April 6, 2020, Defendant Daghlian filed an Application for Fee Waiver; she filed a demurrer to the Complaint the next day. On April 8, 2020, the Fee Waiver Application was denied and notice of the same was served on Defendant Daghlian. Defendant Daghlian had until April 23, 2020 to correct the denial of the Fee Waiver Application but did not do so.

On April 29, 2020, Plaintiff filed a request for entry of default that was entered only as to Defendant 1st American Financial.

On June 23, 2020, the Court voided the demurrer filed by Defendant Daghlian on April 7, 2020 due to the failure to correct the fee waiver issue. Notice of the voiding was mailed to the parties on the same date. One day later, on June 24, 2020, the Court entered default judgment against both Defendants.

On July 1, 2020, Defendant Daghlian filed the instant Motion to Vacate Default Judgment (“the Motion”). Plaintiff filed an opposition on August 6, 2020 and Defendant Daghlian replied on August 26, 2020.

Discussion

Defendant Daghlian moves for relief from the default judgment 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 Daghlian’s own mistake, inadvertence, surprise or neglect.

The Court finds relief is timely sought under the statute. The instant Motion was filed on July 1, 2020, shortly after entry of default judgment on June 24, 2020. The Motion is also supported by an affidavit of fault that explains Defendant Daghlian failed to timely correct the fee waiver issue due to the difficulties in meeting with an attorney or paralegal during the global COVID-19 pandemic. (Motion, Daghlian Decl., ¶4.) The Court finds Defendant Daghlian’s explanation credible given the timing of the statewide shutdown orders at the end of March, 2020 just weeks before denial of the Application for Fee Waiver. Finally, a copy of the proposed Answer is attached with the Reply, thereby satisfying the final requirement for relief under the statute. (Reply, Exh. B.)

The Court additionally notes that the default judgment appears procedurally defective. The entry of default against Defendant Daghlian was denied on April 29, 2020 and the Court file shows no change to that denial following the voiding of the demurrer on June 23, 2020. Under Code of Civil Procedure section 585, entry of default must precede default judgment. Here, as no default was entered against Defendant Daghlian the default judgment is improper.

Finally, the Court notes that entry of default and default judgment “with quiet speed” is looked upon with disfavor by the courts. (Lasalle v. Vogel (2019) 36 Cal.App.5th 127, 135.) Here, it does not appear that Plaintiff gave Defendant Daghlian notice that it would seek default judgment despite being aware that she filed a demurrer and sought to participate in this action. The Court finds this also weighs in favor of vacating the default judgment.

For all the foregoing reasons, Defendant Shake Sharon Daghlian’s Motion to Vacate Default Judgment is GRANTED. DEFENDANT SHAKE SHARON DAGHLIAN IS TO FILE AND SERVE RESPONSIVE PLEADING WITHIN 20 DAYS’ SERVICE OF THIS ORDER.

Court clerk to give notice.

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