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, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.
*******4823
05/17/2019
Pending - Other Pending
Los Angeles County Superior Courts
Stanley Mosk Courthouse
Los Angeles, California
WENDY CHANG
AVA INC. DBA RELIABLE ROOFING
HERMANN CLARISSE
HAGOPIAN SHANT
11/12/2019: Request for Dismissal - Request for Dismissal
11/12/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
11/12/2019: Declaration (name extension) - Declaration Declaration of Vahe Kalashyan in Support of Default Judgment
11/12/2019: Declaration (name extension) - Declaration Declaration of Shant Hagopian in Support of Default Judgment
11/12/2019: Proof of Service by Mail - Proof of Service by Mail
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
12/13/2019: Declaration (name extension) - Declaration Declaration of Shant H. Hagopian, Esq. in Response to the Court's Notice of Rejection to Application for Default Judgment
12/13/2019: Proof of Service by Mail - Proof of Service by Mail
1/9/2020: Notice of Rejection - Application for Default Judgment by Court - Contract or Tort - Notice of Rejection - Application for Default Judgment by Court - Contract or Tort
9/10/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment
6/11/2019: Proof of Personal Service - Proof of Personal Service
5/17/2019: Complaint - Complaint
5/17/2019: Summons - Summons on Complaint
5/17/2019: Civil Case Cover Sheet - Civil Case Cover Sheet
5/17/2019: First Amended Standing Order - First Amended Standing Order
5/17/2019: Notice of Case Assignment - Limited Civil Case - Notice of Case Assignment - Limited Civil Case
Hearing05/20/2022 at 10:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service
Hearing11/13/2020 at 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial
DocketDefault Judgment - Rejected; Submitted by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant)
DocketNotice of Rejection - Application for Default Judgment by Court - Contract or Tort; Filed by:
DocketProof of Service by Mail; Filed by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant)
DocketDeclaration Declaration of Shant H. Hagopian, Esq. in Response to the Court's Notice of Rejection to Application for Default Judgment; Filed by: AVA INC. (Plaintiff)
DocketJudgment [proposed]Judgment by Court by Default - Rejected; Submitted by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant)
DocketNotice of Rejection - Application for Default Judgment by Court - Contract or Tort; Filed by:
DocketUpdated -- Request for Dismissal: As To Parties: removed
DocketOn the Complaint filed by AVA INC. on 05/17/2019, entered Request for Dismissal with prejudice filed by AVA INC., does 1 thru 10
DocketDefault entered as to CLARISSE HERMANN; On the Complaint filed by AVA INC. on 05/17/2019
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
DocketNon-Jury Trial scheduled for 11/13/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 94
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
DocketCase assigned to Hon. Wendy Chang in Department 94 Stanley Mosk Courthouse
DocketComplaint; Filed by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant)
DocketSummons on Complaint; Issued and Filed by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant)
DocketCivil Case Cover Sheet; Filed by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant)
DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk
DocketFirst Amended Standing Order; Filed by: Clerk
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.