This case was last updated from Los Angeles County Superior Courts on 01/13/2020 at 14:59:42 (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, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is WENDY CHANG. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******4823

  • Filing Date:

    05/17/2019

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Contract - Other Contract

  • Court:

    Los Angeles County Superior Courts

  • Courthouse:

    Stanley Mosk 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

 

Court Documents

Request for Dismissal - Request for Dismissal

11/12/2019: Request for Dismissal - Request for Dismissal

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

11/12/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

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

Proof of Service by Mail - Proof of Service by Mail

11/12/2019: Proof of Service by Mail - Proof of Service by Mail

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

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: Declaration (name extension) - Declaration Declaration of Shant H. Hagopian, Esq. in Response to the Court's Notice of Rejection to Application for Default Judgment

Proof of Service by Mail - Proof of Service by Mail

12/13/2019: Proof of Service by Mail - Proof of Service by Mail

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

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

Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

9/10/2019: Request for Entry of Default / Judgment - Request for Entry of Default / Judgment

Proof of Personal Service - Proof of Personal Service

6/11/2019: Proof of Personal Service - Proof of Personal Service

Complaint - Complaint

5/17/2019: Complaint - Complaint

Summons - Summons on Complaint

5/17/2019: Summons - Summons on Complaint

Civil Case Cover Sheet - Civil Case Cover Sheet

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

First Amended Standing Order - First Amended Standing Order

5/17/2019: First Amended Standing Order - First Amended Standing Order

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

4 More Documents Available

 

Docket Entries

  • 05/20/2022
  • 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

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  • 11/13/2020
  • Hearing11/13/2020 at 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Non-Jury Trial

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  • 01/09/2020
  • DocketDefault Judgment - Rejected; Submitted by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant)

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  • 01/09/2020
  • DocketNotice of Rejection - Application for Default Judgment by Court - Contract or Tort; Filed by:

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  • 12/13/2019
  • DocketProof of Service by Mail; Filed by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant)

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  • 12/13/2019
  • 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)

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  • 12/05/2019
  • DocketJudgment [proposed]Judgment by Court by Default - Rejected; Submitted by: AVA INC. (Plaintiff); As to: CLARISSE HERMANN (Defendant)

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  • 12/05/2019
  • DocketNotice of Rejection - Application for Default Judgment by Court - Contract or Tort; Filed by:

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  • 11/14/2019
  • DocketUpdated -- Request for Dismissal: As To Parties: removed

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  • 11/12/2019
  • 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

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

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

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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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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.