This case was last updated from Los Angeles County Superior Courts on 01/22/2021 at 04:20:11 (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

33 More Documents Available

 

Docket Entries

  • 01/26/2021
  • Hearing01/26/2021 at 09:00 AM in Department 26 at 312 North Spring Street, Los Angeles, CA 90012; Hearing on Motion to Set Aside/Vacate Default and Default Judgment (CCP 473.5)

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

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

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

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

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

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  • 10/30/2020
  • DocketNotice of Rejection - Post Judgment; Filed by: Clerk

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  • 10/30/2020
  • DocketDeclaration RE Lost Writ; Filed by: AVA INC. (Plaintiff)

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  • 10/30/2020
  • DocketMemorandum of Costs After Judgment, Acknowledgment of Credit, and Declaration of Accrued Interest; Filed by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant); Costs: 267.00; Interest: 689.10; Credits: 0.00; Service Date: 10/28/2020

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  • 10/30/2020
  • DocketApplication for Issuance of Writ of Execution, Possession or Sale; Filed by: AVA INC. (Plaintiff)

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48 More Docket Entries
  • 09/10/2019
  • DocketRequest for Entry of Default / Judgment; Filed by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant)

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  • 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

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

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  • 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

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

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

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

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

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

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

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Tentative Rulings

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.