This case was last updated from Los Angeles County Superior Courts on 10/03/2020 at 05:41:12 (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

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Spring Street Courthouse

  • 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

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

Reply (name extension) - Reply Brief in support of motion to set aside default and default judgment

8/26/2020: Reply (name extension) - Reply Brief in support of motion to set aside default and default judgment

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

Notice (name extension) - Notice of Entry of Judgment

6/25/2020: Notice (name extension) - Notice of Entry of Judgment

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

Proof of Personal Service - Proof of Personal Service

3/30/2020: Proof of Personal Service - Proof of Personal Service

Proof of Personal Service - Proof of Personal Service

3/30/2020: Proof of Personal Service - Proof of Personal Service

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)

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

4/29/2020: Notice of Rejection Default/Clerk's Judgment - Notice of Rejection Default/Clerk's Judgment

Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

5/21/2020: Declaration of Interest, Costs and Attorney Fees - Declaration of Interest, Costs and Attorney Fees

Complaint - Complaint

12/23/2019: Complaint - Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

12/23/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

14 More Documents Available

 

Docket Entries

  • 08/02/2021
  • Hearing08/02/2021 at 08:30 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 09/02/2020
  • DocketUpdated -- Motion to Set Aside/Vacate Default and / or Default Judgment: Filed By: SHAKE SHARON DAGHLIAN (Defendant); Result: Granted; Result Date: 09/02/2020

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  • 09/02/2020
  • DocketNon-Jury Trial scheduled for 08/02/2021 at 08:30 AM in Spring Street Courthouse at Department 26

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  • 09/02/2020
  • DocketUpdated -- Answer: Status Date changed from 08/26/2020 to 09/02/2020; As To Parties changed from AMERICAN TIRE DISTRIBUTORS, INC. (Plaintiff) to AMERICAN TIRE DISTRIBUTORS, INC. (Plaintiff)

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  • 09/02/2020
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

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  • 09/02/2020
  • DocketCertificate of Mailing for (Hearing on Motion to Set Aside/Vacate Default and Default Jud...) of 09/02/2020; Filed by: Clerk

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  • 09/02/2020
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) and Reopen the Case scheduled for 09/02/2020 at 09:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 09/02/2020; Result Type to Held - Motion Granted

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  • 08/26/2020
  • DocketReply Brief in support of motion to set aside default and default judgment; Filed by: SHAKE SHARON DAGHLIAN (Defendant)

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  • 08/26/2020
  • DocketAnswer; Filed by: SHAKE SHARON DAGHLIAN (Defendant); As to: AMERICAN TIRE DISTRIBUTORS, INC. (Plaintiff)

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  • 08/06/2020
  • DocketOpposition PLAINTIFF'S OPPOSITION TO SET ASIDE JUDGMENT AND REOPEN CASE; Filed by: AMERICAN TIRE DISTRIBUTORS, INC. (Plaintiff)

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31 More Docket Entries
  • 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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  • 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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  • 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
  • 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
  • DocketCase assigned to Hon. Serena R. Murillo in Department 94 Stanley Mosk Courthouse

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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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  • 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
  • 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
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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

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Tentative Rulings

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.