This case was last updated from Los Angeles County Superior Courts on 03/19/2021 at 08:47:41 (UTC).

AVA INC. VS CLARISSE HERMANN

Case Summary

On 05/17/2019 AVA INC filed a Contract - Other Contract lawsuit against CLARISSE HERMANN. This case was filed in Los Angeles County Superior Courts, Spring Street Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Disposed - Judgment Entered.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4823

  • Filing Date:

    05/17/2019

  • 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

WENDY CHANG

 

Party Details

Plaintiff

AVA INC. DBA RELIABLE ROOFING

Defendant

HERMANN CLARISSE

Attorney/Law Firm Details

Plaintiff Attorney

HAGOPIAN SHANT

Defendant Attorney

COTE DANIEL ROBERT

 

Court Documents

Opposition (name extension) - Opposition to Defendant's Motion to Set Aside Default Judgment

1/12/2021: Opposition (name extension) - Opposition to Defendant's Motion to Set Aside Default Judgment

Declaration (name extension) - Declaration in Support of Opposition to Defendant's Motion to Set Aside Default Judgment

1/12/2021: Declaration (name extension) - Declaration in Support of Opposition to Defendant's Motion to Set Aside Default Judgment

Declaration (name extension) - Declaration RE Lost Writ

10/30/2020: Declaration (name extension) - Declaration RE Lost Writ

Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest - Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

10/30/2020: Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest - Memorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest

Writ of Execution - Writ of Execution (Los Angeles)

11/19/2020: Writ of Execution - Writ of Execution (Los Angeles)

Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

1/22/2020: Demurrer - without Motion to Strike - Demurrer - without Motion to Strike

Request for Dismissal - Request for Dismissal

3/2/2020: Request for Dismissal - Request for Dismissal

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

3/6/2020: 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

3/6/2020: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Judgment - Judgment Proposed Judgment

3/26/2020: Judgment - Judgment Proposed Judgment

Application for Issuance of Writ of Execution, Possession or Sale - Application for Issuance of Writ of Execution, Possession or Sale

5/13/2020: Application for Issuance of Writ of Execution, Possession or Sale - Application for Issuance of Writ of Execution, Possession or Sale

Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

6/17/2020: Abstract of Judgment - Civil and Small Claims - Abstract of Judgment - Civil and Small Claims

Application for Issuance of Writ of Execution, Possession or Sale - Application for Issuance of Writ of Execution, Possession or Sale

7/21/2020: Application for Issuance of Writ of Execution, Possession or Sale - Application for Issuance of Writ of Execution, Possession or Sale

Declaration (name extension) - Declaration Declaration of Vahe Kalashyan in Support of Default Judgment

11/12/2019: Declaration (name extension) - Declaration Declaration of Vahe Kalashyan in Support of Default Judgment

Declaration (name extension) - Declaration Declaration of Shant Hagopian in Support of Default Judgment

11/12/2019: Declaration (name extension) - Declaration Declaration of Shant Hagopian in Support of Default Judgment

Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

12/5/2019: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort

Civil Case Cover Sheet - Civil Case Cover Sheet

5/17/2019: Civil Case Cover Sheet - Civil Case Cover Sheet

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

5/17/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case

36 More Documents Available

 

Docket Entries

  • 02/08/2021
  • DocketUpdated -- Writ of Execution (Los Angeles): Filed By: AVA INC. (Plaintiff); Result: Returned and Filed; Result Date: 02/08/2021

    Read MoreRead Less
  • 02/08/2021
  • DocketWrit - Return ( Unsatisfied);; Costs Credits: 0.00; Interest Credits: 0.00; Principal Credits: 0.00; Possession: No; Judgment Satisfaction Type: Unsatisfied

    Read MoreRead Less
  • 01/26/2021
  • DocketNotice of Ruling; Filed by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant)

    Read MoreRead Less
  • 01/26/2021
  • DocketMinute Order (Hearing on Motion to Set Aside/Vacate Default and Default Jud...)

    Read MoreRead Less
  • 01/26/2021
  • DocketHearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5) scheduled for 01/26/2021 at 09:00 AM in Spring Street Courthouse at Department 26 updated: Result Date to 01/26/2021; Result Type to Held - Motion Denied

    Read MoreRead Less
  • 01/12/2021
  • DocketOpposition to Defendant's Motion to Set Aside Default Judgment; Filed by: AVA INC. (Plaintiff)

    Read MoreRead Less
  • 01/12/2021
  • DocketDeclaration in Support of Opposition to Defendant's Motion to Set Aside Default Judgment; Filed by: AVA INC. (Plaintiff)

    Read MoreRead Less
  • 01/12/2021
  • DocketRequest for Judicial Notice; Filed by: AVA INC. (Plaintiff)

    Read MoreRead Less
  • 01/12/2021
  • DocketProof of Service by Mail; Filed by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant)

    Read MoreRead Less
  • 11/19/2020
  • DocketWrit of Execution (Los Angeles); Issued by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant); County: Los Angeles

    Read MoreRead Less
52 More Docket Entries
  • 09/10/2019
  • DocketDefault entered as to CLARISSE HERMANN; On the Complaint filed by AVA INC. on 05/17/2019

    Read MoreRead Less
  • 06/11/2019
  • DocketProof of Personal Service; Filed by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant); Service Date: 05/29/2019; Service Cost: 104.13; Service Cost Waived: No

    Read MoreRead Less
  • 05/21/2019
  • DocketNon-Jury Trial scheduled for 11/13/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 05/21/2019
  • DocketOrder to Show Cause Re: Failure to File Proof of Service scheduled for 05/20/2022 at 08:30 AM in Stanley Mosk Courthouse at Department 94

    Read MoreRead Less
  • 05/21/2019
  • DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse

    Read MoreRead Less
  • 05/17/2019
  • DocketComplaint; Filed by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant)

    Read MoreRead Less
  • 05/17/2019
  • DocketSummons on Complaint; Issued and Filed by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant)

    Read MoreRead Less
  • 05/17/2019
  • DocketCivil Case Cover Sheet; Filed by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant)

    Read MoreRead Less
  • 05/17/2019
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

    Read MoreRead Less
  • 05/17/2019
  • DocketFirst Amended Standing Order; Filed by: Clerk

    Read MoreRead Less

Tentative Rulings

Case Number: 19STLC04823    Hearing Date: January 26, 2021    Dept: 26

Ava, Inc. v. Hermann, et al.

VACATE DEFAULT AND DEFAULT JUDGMENT

(CCP § 473(b))

TENTATIVE RULING:

Defendant Clarisse Hermann’s Motion to Vacate Default and Default Judgment is DENIED.

ANALYSIS:

Plaintiff Ava, Inc. dba Reliable Roofing (“Plaintiff”) filed the instant action for breach of construction contract, common counts and foreclosure of mechanic’s lien against Defendant Clarisse Hermann (“Defendant”) on May 17, 2019. Following her failure to respond, the Court entered default against Defendant on September 10, 2019.

Defendant sought to file a demurrer to the Complaint, which the Court placed off calendar on March 2, 2020. At the March 2, 2020 hearing, where Defendant was represented by counsel, the Court explicitly ruled: “As Defendant is in default, she is out of court and can file no request for relief with the Court other than a motion to vacate the entry of default.” (Minute Order, 3/2/20.) The Court also set an Order to Show Cause regarding Default Judgment for June 1, 2020. (Ibid.) Upon submission of Plaintiff request for default judgment, the Court entered judgment against Defendant on March 26, 2020. Notice of the entry of judgment was served on Defendant on March 30, 2020. (Notice of Entry of Judgment, filed 3/30/20.)

Defendant filed the instant Motion to Vacate Default and Default Judgment on September 23, 2020. Plaintiff filed an opposition on January 12, 2021.

Discussion

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

The Court finds relief is not timely sought under the statute. Default was entered on September 10, 2019, but the instant Motion was filed more than a year later on September 23, 2020. The six-month deadline is jurisdictional and not subject to tolling. (Manson, Iver & York v. Black (2009) 176 Cal.App.4th 36, 42.) The Court has no authority to relieve Defendant from the entry of default under this statute. Furthermore, relief from the default judgment is also not available when the motion is brought more than six months after entry of default. As the Court of Appeals explained, if the court “could not set aside the default, it also could not set aside the default judgment under Code of Civil Procedure section 473, because that would be ‘an idle act.’” (Pulte Homes Corporation v. Williams Mechanical, Inc. (2016) 2 Cal.App.5th 267, 273.) Therefore, relief from the entry of default and default judgment under the discretionary provision of Civil Procedure section 473, subdivision (b) is not available to Defendant.

Conclusion

Defendant Clarisse Hermann’s Motion to Vacate Default and Default Judgment is DENIED.

Plaintiff to give notice.

Case Number: 19STLC04823    Hearing Date: March 02, 2020    Dept: 26

Ava, Inc. v. Hermann, et al.

DEMURRER

(CCP § 430.31, et seq.)

TENTATIVE RULING:

Defendant Clarisse Hermann’s Demurrer to the Complaint is PLACED OFF CALENDAR.

ORDER TO SHOW CAUSE RE DEFAULT JUDGMENT IS SET FOR 06/01/20 AT 08:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. FAILURE TO APPEAR MAY RESULT IN THE ACTION BEING DISMISSED.

ANALYSIS:

Plaintiff Ava, Inc. dba Reliable Roofing (“Plaintiff”) filed the instant action for breach of construction contract, common counts and foreclosure of mechanic’s lien against Defendant Clarisse Hermann (“Defendant”) on May 17, 2019. Following her failure to respond, the Court entered default against Defendant on September 10, 2019. The Court thereafter twice rejected Plaintiff’s requests for default judgment. On January 22, 2020, Defendant filed the instant Demurrer. Plaintiff filed an opposition on February 18, 2020.

As Defendant is in default, she is out of court and can file no request for relief with the Court other than a motion to vacate the entry of default. (Steven M. Garber & Assocs. v. Eskandarian (2007) 150 Cal.App.4th 813, 819.) Therefore, the Demurrer to the Complaint is PLACED OFF CALENDAR.

ORDER TO SHOW CAUSE RE ETNRY OF DEFAULT JUDGMENT IS SET FOR 06/01/20 AT 08:30 AM IN DEPARTMENT 26 IN THE SPRING STREET COURTHOUSE. FAILURE TO APPEAR MAY RESULT IN THE ACTION BEING DISMISSED.

Court clerk to give notice.

Parties may submit via e mail until Monday at 10 a.m.

related-case-search

Dig Deeper

Get Deeper Insights on Court Cases


Latest cases where AVA INC. DBA RELIABLE ROOFING is a litigant

Latest cases represented by Lawyer HAGOPIAN SHANT